11. Damages

2019 ◽  
pp. 288-323
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Legal Knowledge ◽  
Key Points ◽  
Contributory Negligence ◽  
Liquidated Damages ◽  
The Difference ◽  
The Relationship ◽  
Reliance Interest

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the principles by which contractual damages are assessed. The discussions cover the aim of contractual damages, the difference between damages in contract and in tort; the relationship between the expectation interest and the reliance interest; cost of cure and difference in value; remoteness of damage; foreseeability and assumption of risk; non-pecuniary losses; mitigation; contributory negligence; and penalties, liquidated damages and forfeiture.

11. Damages

2017 ◽  
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Legal Knowledge ◽  
Key Points ◽  
Contributory Negligence ◽  
Liquidated Damages ◽  
The Difference ◽  
The Relationship ◽  
Reliance Interest

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the principles by which contractual damages are assessed. The discussions cover the aim of contractual damages, the difference between damages in contract and in tort; the relationship between the expectation interest and the reliance interest; cost of cure and difference in value; remoteness of damage; foreseeability and assumption of risk; non-pecuniary losses; mitigation; contributory negligence; and penalties, liquidated damages and forfeiture.

11. Damages

2021 ◽  
pp. 290-326
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Legal Knowledge ◽  
Key Points ◽  
Contributory Negligence ◽  
Liquidated Damages ◽  
The Difference ◽  
The Relationship ◽  
Reliance Interest

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the principles by which contractual damages are assessed. The discussions cover the aim of contractual damages, the difference between damages in contract and in tort; the relationship between the expectation interest and the reliance interest; cost of cure and difference in value; remoteness of damage; foreseeability and assumption of risk; non-pecuniary losses; mitigation; contributory negligence; and penalties, liquidated damages and forfeiture.

19. The equitable liability of strangers to the trust

2021 ◽  
pp. 453-472
Author(s):  
Gary Watt
Keyword(s):  
Common Law ◽  
Legal Knowledge ◽  
Key Points ◽  
Trust Property ◽  
The Law ◽  
The Relationship

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter shows how a stranger to the trust may be threatened with personal equitable liability. It explains the rationale behind equitable liability for ‘knowing receipt’ of trust property, considers the distinction between ‘knowing receipt’ and ‘inconsistent dealing’, examines the nature of a stranger’s liability for dishonest assistance in (or procurement of) a breach of trust and looks at possible reforms of the law in this area. The chapter also discusses how liability of strangers differs from tracing, trusteeship de son tort, the four requirements for ‘dishonest assistance’ (existence of a trust, breach of the trust, assistance and dishonesty), the relationship between knowledge and dishonesty in cases of dishonest assistance and whether accessory liability should be a common law tort.

8. Mistake

2017 ◽  
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Case Law ◽  
Legal Knowledge ◽  
Face To Face ◽  
Mistaken Identity ◽  
Common Mistake ◽  
Key Points ◽  
The Difference

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the various ways of classifying mistakes including communication mistakes, mistakes of fact, common mistake and unilateral mistake. It then looks at the case law on mistaken identity and the distinctions between face-to-face and correspondence contracts. Finally, it looks at the restrictive rules on common mistake, including the difference between fundamental mistake and mistake as to quality, and their relationship with the doctrine of frustration and the demise of the category of equitable mistake.

6. Defences to negligence

2020 ◽  
pp. 146-164
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Legal Knowledge ◽  
Key Points ◽  
Contributory Negligence

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. The claimant has the burden of establishing liability for the tort while the defendant has the burden of establishing the defence. If the claimant establishes a successful cause of action in tort, the defendant must plead one (or more) of the defences available to him. If the defendant establishes a successful defence, either his liability for the damage may be reduced or he may be totally absolved from liability. This chapter examines general defences applicable to all torts but which have particular relevance to claims in negligence, focusing on contributory negligence, volenti non fit injuria, and ex turpi causa non oritur actio.

13. Rylands v Fletcher

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Human Rights ◽  
Legal Knowledge ◽  
Key Points ◽  
Public Nuisance ◽  
Private And Public ◽  
The Law ◽  
The Relationship

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Nuisance protects against ‘indirect’ interference with the claimant’s use and enjoyment of land. There are two categories of nuisance: public nuisance and private nuisance. Private nuisance refers to an unreasonable interference with the use or enjoyment of land. In order to sue in private nuisance, the claimant must have an interest in the land affected. This chapter examines the elements of liability in private and public nuisance and discusses the differences between them.. It also looks at the relationship between nuisance and fault-based liability and evaluates the human rights dimension to the law of nuisance.

19. The equitable liability of strangers to the trust

2019 ◽  
pp. 457-476
Author(s):  
Gary Watt
Keyword(s):  
Common Law ◽  
Legal Knowledge ◽  
Key Points ◽  
Trust Property ◽  
The Law ◽  
The Relationship

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter shows how a stranger to the trust may be threatened with personal equitable liability. It explains the rationale behind equitable liability for ‘knowing receipt’ of trust property, considers the distinction between ‘knowing receipt’ and ‘inconsistent dealing’, examines the nature of a stranger’s liability for dishonest assistance in (or procurement of) a breach of trust and looks at possible reforms of the law in this area. The chapter also discusses how liability of strangers differs from tracing, trusteeship de son tort, the four requirements for ‘dishonest assistance’ (existence of a trust, breach of the trust, assistance and dishonesty), the relationship between knowledge and dishonesty in cases of dishonest assistance and whether accessory liability should be a common law tort.

scholarly journals Infographics As a Tool for Improving Effectiveness of Education

2020 ◽  
Author(s):  
Tatyana Bystrova
Keyword(s):  
Participatory Design ◽  
Reference Points ◽  
Cognitive Approach ◽  
Key Points ◽  
On Line ◽  
The Difference ◽  
Online Format ◽  
The Aesthetic ◽  
Definition Of ◽  
The Relationship

This paper defines the criteria of effective infographics for education. Visualizing information, including that with the help of infographics, is one of the mechanisms to optimize the learning process both in traditional and online format. In the first part    of the paper, the author gives a theoretical definition of infographics as a contracted multi-level polysemantic thing. The methodological basis for discussion is provided by the cognitive approach in psyhology and philosophy (R. Arnheim, R. Solso, Y. Valkman) and visual studies (I. Itten, B. Latour, D.  Roem, H. Schiffman). Deriving  the properties of effective infographics, the author seeks to harmonize empirical  data and the results of theoretical studies. The infographic aspects formulated by E.Tafti, Priego, and F. Verbitsky are compared with the results of a survey by L. Harrison on the aesthetic properties of effective infographics. Features of infographics such as scalability, structure-based, focusing on the key points, visual simplicity, and emphasis on the relationship between elements, are by author defined. The difference between infographics and other graphical products is demonstrated. For education it is particularly important that the logic of a structure or image ensures the contraction of information. In turn, the contracted information looks compact and concise. ”Real” infographics have a visual clarity, presence of composition, colour, and image-bearing reference points. Systematic manner enhances the process of developing additional meanings. Aesthetics of the designer‘s infographics represent the reverse side of expediency and logic of a project decision. Th3e article concludes with a discussion of the need to use a cognitive approach to infographics by designers who create effective educational products. Keywords: design, graphic design, infographics, definition of infographics, infographics for the on-line course, participatory design, survey

8. Negligence: occupiers’ liability

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Legal Knowledge ◽  
Key Points ◽  
Contributory Negligence

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. The claimant has the burden of establishing liability for the tort while the defendant has the burden of establishing the defence. If the claimant establishes a successful cause of action in tort, the defendant must plead one (or more) of the defences available to him. If the defendant establishes a successful defence, either his liability for the damage may be reduced or he may be totally absolved from liability. This chapter examines general defences applicable to all torts but which have particular relevance to claims in negligence, focusing on contributory negligence, volenti non fit injuria, and ex turpi causa non oritur actio.

17. Informal trusts of land

2019 ◽  
pp. 397-429
Author(s):  
Gary Watt
Keyword(s):  
Practical Significance ◽  
Legal Knowledge ◽  
House Of Lords ◽  
Key Points ◽  
The Social ◽  
The Family ◽  
Family Land ◽  
Family Home ◽  
Trust Law ◽  
The Relationship

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. The trust law that applies to family land might not be applicable to other types of land. Resulting trusts present a particular challenge in this regard. Although the doctrines of resulting trust have long been settled in the law of trusts, they have recently been questioned in the context of the family home. This chapter focuses on informal trusts of land and the social reasons why they are recognised, first looking at the problem of informality before turning to the different kinds of informal trusts of land. It also examines whether facts give rise to a resulting trust or a constructive trust, the practical significance of the distinction between constructive and resulting trusts of land, the relationship between proprietary estoppel and constructive trust, express agreement plus detrimental reliance, and the decision of the House of Lords in Stack v Dowden. The chapter concludes by considering some of the problems addressed by, and caused by, the operation of informal trusts in the context of cohabitation.

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