1. Introduction

Tort Law ◽  
2017 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Human Rights ◽  
Tort Law ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of

This introductory chapter begins with a definition of tort law. It then discusses the disparate functions of tort law, which are illustrated through the case of Woodroffe-Hedley v Cuthbertson [1997]. Finally, the chapter explains the significance of the Human Rights Act 1998 for tort law.

1. Introduction

Tort Law ◽  
2019 ◽  
pp. 1-24
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Human Rights ◽  
Tort Law ◽  
Legal Liability ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Definition Of

This introductory chapter begins with a definition of tort law and the interests that tort law protects. To say that the law of tort protects an individual’s rights or interests does not mean that a claimant will succeed simply by showing that the defendant harmed them or infringed their rights. Tort law lays down a set of rules stating when exactly a harm or infringement of one’s interest will give rise to legal liability. The chapter discusses the disparate functions of tort law and illustrates them through the case of Woodroffe-Hedley v Cuthbertson [1997]. The chapter then explains the significance of the Human Rights Act 1998 for tort law.

1. Introduction

2021 ◽  
pp. 1-24
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Human Rights ◽  
Tort Law ◽  
Legal Liability ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Definition Of

This introductory chapter begins with a definition of tort law and the interests that tort law protects. To say that the law of tort protects an individual’s rights or interests does not mean that a claimant will succeed simply by showing that the defendant harmed them or infringed their rights. Tort law lays down a set of rules stating when exactly a harm or infringement of one’s interest will give rise to legal liability. The chapter discusses the disparate functions of tort law and illustrates them through the case of Woodroffe-Hedley v Cuthbertson [1997]. The chapter then explains the significance of the Human Rights Act 1998 for tort law.

6. Parliamentary sovereignty

2021 ◽  
pp. 81-93
Author(s):  
Colin Faragher
Keyword(s):  
Human Rights ◽  
Legislative Process ◽  
Essential Information ◽  
Parliamentary Sovereignty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of parliamentary sovereignty, AV Dicey’s views concerning parliamentary sovereignty, the jurisdiction of the courts, whether the substance of an Act of Parliament can be challenged, the enrolled bill rule; whether the jurisdiction of the court over an Act of Parliament can be enlarged; the rule in Pepper v Hart; entrenchment clauses; prospective formula; the effect of the Human Rights Act 1998; the devolution of the legislative process.

1. Introduction

2017 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Human Rights ◽  
International Law ◽  
Criminal Law ◽  
Common Law ◽  
Human Rights Act ◽  
Human Rights Act 1998

This introductory chapter examines the functions of criminal law and discusses the sources of criminal law. These include common law and statutes, EU and international law, and the Human Rights Act 1998. It also considers the principle of fair labelling in criminal law and the codification of criminal law.

8. Damages, Compensation, and Responsibility

Tort Law ◽  
2017 ◽  
Author(s):  
Jenny Steele
Keyword(s):  
Human Rights ◽  
Tort Law ◽  
Recent Developments ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Relationship ◽  
Conceptual Difficulties ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with remedies, particularly monetary remedies, and remedial issues in relation to torts. Before discussing compensation and responsibility, it first considers the heads of loss for which damages in tort may be awarded, and some serious conceptual difficulties involved with this. It then looks at the potential for non-compensatory awards and the challenge to tort law represented by the growth of damages under the Human Rights Act 1998. It also assesses recent developments with respect to the assessment and delivery of damages, the funding of litigation, and the relationship between tort damages and welfare support.

8. The sovereignty of Parliament

2017 ◽  
Author(s):  
Colin Faragher
Keyword(s):  
Human Rights ◽  
Eu Law ◽  
Statutory Interpretation ◽  
Essential Information ◽  
Parliamentary Sovereignty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of parliamentary sovereignty, AV Dicey’s views concerning parliamentary sovereignty, the jurisdiction of the courts, whether the substance of an Act of Parliament can be challenged, the enrolled bill rule; whether the jurisdiction of the court over an Act of Parliament be enlarged; the rule in Pepper v Hart; entrenchment clauses; prospective formula; the effect of the Human Rights Act 1998; the purposive approach to statutory interpretation; and the implications of EU law for parliamentary sovereignty.

Parochial Church Council of the Parish of Aston Cantlow, Wilmcote with Billesley v Wallbank [2003] UKHL 37, House of Lords

2020 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Human Rights ◽  
Public Law ◽  
Case Note ◽  
Public Authorities ◽  
Parish Church ◽  
House Of Lords ◽  
Local Parish ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Parochial Church Council of the Parish of Aston Cantlow, Wilmcote with Billesley v Wallbank [2003] UKHL 37, House of Lords. The underlying substantive issue in this case was the question of whether the Wallbanks were liable to pay for the repair of their local parish church. However, this case note focuses on the definition of public authorities under s. 6 of the Human Rights Act 1998 (HRA). Public authorities are required to act in accordance with the HRA, and the Wallbanks contended that the Parochial Church Council was a public authority within the meaning of s. 6. The document also includes supporting commentary from author Thomas Webb.

What is Land Law?

Land Law ◽  
2020 ◽  
pp. 1-14
Author(s):  
Elizabeth Cooke
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Competing Values ◽  
Land Law ◽  
Real Property ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of ◽  
The Impact ◽  
Domestic Law

This chapter begins with some fundamental questions: what is property? what is real property? what is land? and what are property rights? The chapter looks at the definition of land as provided in section 205(1)(ix) of the Law of Property Act 192. It explores the impact of the European Convention on Human Rights, brought into our domestic law by the Human Rights Act 1998. The tensions and themes of land law are introduced, in particular the tension between static and dynamic security and the notion that land law is a struggle between competing categories of rights and competing values.

Religion and the Law of Charities

2006 ◽  
Vol 8 (38) ◽  
pp. 246-265
Author(s):  
Miguel Rodríguez Blanco
Keyword(s):  
Human Rights ◽  
Religious Pluralism ◽  
Public Benefit ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of Religion ◽  
The Law ◽  
Definition Of ◽  
The Impact ◽  
Charitable Purpose

This article attempts an overview of the application of the law of charities to religion. Charity law is currently subject to revision. The advancement of religion has been one of the traditional charitable purposes defined as such in the common law. In this area of law both the courts and the Charity Commission have applied a neutral approach toward all religious denominations. This approach is in principle consistent with the content of the Human Rights Act 1998. Nevertheless the growth of religious pluralism in society and the appearance of new religions and groups generate many doubts about the definition of religion as charity. On the one hand, the courts have offered a theistic definition of religion, which is not applicable to all religious groups. On the other, in every charitable purpose some element of public benefit must be present. For religious purposes the courts assume the presence of a public benefit unless the contrary is shown, but it is not clear that all religious practices are beneficial to the community. The aim of this article is to promote a discussion about the definition of religion as a charitable purpose, to identify the problems connected with the growth of religious pluralism, and to offer some remarks about the impact of the Human Rights Act 1998 on the law of charities.

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