Group I
Paper 1. Civil Law 1
- Sources of law. Written and unwritten law; legal development through the grant of new remedies; praetor and iudex under the formulary system. Equity. The role of legal experts; jurists in Roman law. The revival of Roman Law.
- Persons. An outline of the legal position of the family and of marriage in Roman Law.
- Property. Categories of things in Roman law. Dominium, bonitary ownership and possession. Acquisition of ownership: delivery, usucapion, occupation, accession, specification. Rights in another's property: servitudes, ususfructs, real security.
- Obligations. Contracts, quasi-contracts, and delicts in Roman law.
- Succession. Intestate and testamentary succession in Roman law; Roman inheritance and heirship; personal representatives; freedom of testation.
Particular emphasis will be placed on property and obligations.
The Roman law with which the course is principally concerned is the law of the classical period (ending in c. AD 235)
Comparisons with other legal systems will be drawn where appropriate.
Paper 2. Constitutional Law
- Sources and Foundations of the Constitution
- Nature and Sources of Constitutional Law
- Constitutional Conventions
- The Separation of Powers
- The Rule of Law
- Principal organs of government (including the judiciary)
- Principal institutions of the European Union
- Nature and sources of Community Law
- Status of Community Law within national law
- European Convention on Human Rights
- Parliament
- Composition and elections; the legislative process.
- Parliamentary sovereignty.
- The Executive
- The Crown and Constitutional Monarchy; the Prime Minister and the Cabinet; the Civil Service and Departments of State; the powers of the Executive (including subordinate legislation).
- Control and Accountability:
- Ministerial Responsibility (collective and individual).
- Parliamentary Questions, Select Committees and the Parliamentary Commissioner for Administration.
- Crown Proceedings (including public interest immunity).
- Judicial Control of the Executive:
- Civil Liberties in the United Kingdom. Impact of the European Convention on Human Rights and proposals for a Bill of Rights.
- British Citizenship and the System of Immigration Control (including Habeas Corpus).
- Freedom of Expression: official secrecy, breach of confidence and contempt of court.
- Freedom of Assembly and Public Order.
- Police: legal status and accountability in general; powers of entry, search, seizure, arrest and detention.
Paper 3. Criminal Law
- General character of English criminal law. Relationship of statute and common law. Reform and codification.
- The external and fault elements of crimes; strict liability; defences. The burden of proof.
- Complicity. Inchoate crimes. The liability of mentally disordered persons and children. The liability of corporations.
- Homicide and offences against the foetus; the principal offences against the person and public order; dangerous and careless driving; the principal sexual offences; the principal offences under the Theft Acts 1968 and 1978; conspiracy to defraud; criminal damage.
A knowledge of the law and of particular offences (other than those specified in (4) above, which will be listed on lecture outlines) is required only insofar as it is necessary to illustrate the application of the general principles of liability ((2) and (3) above).
Paper 4. Law of Tort
- Introduction.
- Trespass to the person and the rule in Wilkinson v Downton; trespass to land and to chattels.
- Negligence and statutory liabilities, including occupier's liability, employer's liability and product liability.
- Liability for breach of statutory duty.
- Causation and remoteness of damage.
- Remedies, especially damages, including the effect of benefits under concurrent systems of alleviation.
- Death in relation to tort.
- Defences (consent; illegality; disclaimers; contributory negligence) including justifications for trespasses and defamation, but NOT including the details of the law of limitations or time-bar.
- Vicarious liability and "non-delegable duties".
- Joint and several liability, and contribution between tortfeasors.
- Nuisance and liability under the rule in Rylands v. Fletcher.
- Liability for animals.
- Defamation and malicious falsehood.
- Aims and adequacy of the law of tort.
NOT included are passing-off and other forms of unfair competition; interference with trade by intimidation or other wrongful means; conversion; details of the conditions of lawful arrest or search; abuse of legal process and the liability of the Crown. Procedural aspects of tort claims are also NOT included.
Group II
Paper 10. Law of Contract
- Formation of a contract: offer and acceptance; certainty; intention to create legal relations; consideration; promissory estoppel; privity.
- Remedies: damages, specific remedies (actions for the price, specific performance, injunctions), recovery of money paid and recompense for goods and services.
- Contents of a contract: express and implied terms; exemption clauses and unfair terms; construction and interpretation.
- Discharge of contracts: performance; agreement; breach; frustration.
- Vitiating factors: duress and undue influence; non-disclosure; misrepresentation; mistake.
Questions will not be set on: assignment of contractual rights and duties; negotiability; agency; infancy and insanity, gaming, wagering and illegality legislation concerning form.
A detailed knowledge of the provisions of the Sale of Goods Act 1979 will not be expected.
Paper 11. Land Law
- General concepts and introduction to the 1925 regime
- Property
- Possession
- Land
- Title
- Estates and interests in land: freeholds, leaseholds and commonholds
- Definition
- Formalities
- Contract and conveyance
- Informal and non-proprietary interests in land
- Licences
- Estoppels
- Life interests
- Adverse possession
- Law and equity
- Trusts and the doctrine of notice
- Legal and equitable rights in land
- Alienability of land and fragmentation of benefit
- Security of title and the protection of purchasers
- Unregistered land (including an outline of registration of land charges)
- Registered land
- Registration of title
- Trusts and co-ownership
- Mortgages (excluding privity)
- Law of landlord and tenant
- Conceptual ambivalence; property, contract and status
- Creation and assignment
- Leasehold rights, obligations and remedies
- Statutory protection
- Regulation of land use
- Easements (excluding prescription)
- Restrictive covenants
Questions will not be set on the interpretation of covenants in a lease; the transmission of the benefit of freehold covenants; incorporeal hereditaments other then the easements; nor upon matters of purely historical interest.
Paper 12. International Law
- Introduction and Overview.
- Sources of International Law.
- Treaties.
- International Law and English Law.
- Personality, Statehood and Government, Recognition.
- Title to Territory.
- Jurisdiction and Immunity from Jurisdiction.
- Legal Regulation of the Use of Force.
- State Responsibility (including nationality of claims, the local remedies rule, treatment of aliens as compared with protection of human rights).
- Statement of Disputes.