Breach of Trust in Comparative Law (Studies on Comparative Law Book 2)

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The Hub website features daily blogs on cutting edge new developments in human rights and equality law, and students on the course are encouraged both to read and to contribute to the blog.

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The Hub also produces webinars and podcasts on pressing current issues in comparative human rights and equality law. Human rights issues are both universal and contested. As human beings, we should all have human rights; yet there remains deep disagreement about the meaning and application of human rights. Courts in different jurisdictions face similar human rights questions; yet the answers often differ.

At the same time, there is a growing transnational conversation between courts, with cases in one jurisdiction being discussed and cited in other jurisdictions. This course uses comparative methodology to examine the ways in which central human rights questions are addressed in different jurisdictions. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences between legal institutions, socio-economic development, history and culture.

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The course involves a comparative study of key human rights issues, using the comparative method to highlight the key controversies in modern human rights law, and the possible range of responses in different jurisdictions. It examines material from Europe, North America, India and South Africa, drawing on other jurisdictions where relevant, as well as international and regional human rights instruments. The course begins with a theoretical framework and then draws on this framework to analyse the meaning of particular human rights, their significance in theory and in practice, and the efficacy of the legal institutions designed to protect them.

The course critically examines the divide between civil and political rights and socio-economic rights, and aims to transcend the divide by incorporating both kinds of rights within a thematic whole. The course proceeds by way of in-depth study of specific rights in order to illustrate the complex interplay between theory, legal concepts and procedure, and between legal and non-legal sources of protection. It also examines the close connections between domestic and international human rights law. The course as a whole aims to provide the opportunity for in-depth comparative study, during which the appropriateness and utility of comparative legal techniques will be considered.

Learning outcomes: an understanding of theoretical concepts of human rights and of how those concepts relate to legal concepts and are applied in different jurisdictions. The Hub website features daily blogs on cutting edge new developments in human rights and equality law, and students on the course are encouraged both to read and to write for the blog. The Hub also produces webinars and podcasts on pressing current issues in comparative human rights and equality law and will be launching its first online course on Strategic Litigation and the Right to Education this autumn.

Comparative Law is one of the most fascinating subjects in the legal syllabus. Comparative lawyers examine the differences and similarities of legal rules and doctrines across various legal systems. Students of comparative law soon realise that many of the legal issues that they have examined in the first two years of their degree are often resolved in a very different manner in foreign jurisdictions. English private law in particular has certain features that exist in a radically different shape, or are not present at all in other jurisdictions.

These include the doctrine of consideration, the structure of tortious liability and what is meant by fault and the entire law of trusts. An awareness of such differences is vital for students if they wish to be prepared for the challenges of legal practice in a globalised world, where many of them will be faced with cross-border dealings on a daily basis.

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It also enables them, at a time when they are approaching the end of their degree, to build on the knowledge of English private law that they have been able to acquire in their first and second year. Studying comparative private law allows them to draw together various threads of the wider discourse on the foundations of private law and to reflect critically on the English law by comparison with other legal systems.

The course focuses on a number of selected topics, drawn from the areas of contract the conception of contract; performance, non-performance and remedies , tort the structure of extra-contractual liability; product liability , property law ownership, title and possession and trusts trust and fiduciary devices. English law is mostly compared to the private laws of France and Germany, the two most influential jurisdictions within the Western legal tradition other than England and the US. Teaching is provided throughout Michaelmas and Hilary. For each of the selected topics there is an introductory two-hour lecture and a two-hour class contrasting English law with the solutions found in other jurisdictions.

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In there will also be a special series of lectures on relevant aspects of the new French contract law which came into force on 1 October , with a handful of amendments in force on 1 October Tutorials take place in Hilary Term and instead of producing four or more standard length tutorial essays students write two extended essays of 4, words on a topic of their choice. The teaching also includes a general lecture series provided at the beginning of Michaelmas.

This gives a general overview of the discipline of comparative law and provides a theoretical and methodological framework for the actual comparison to be made in the classes and tutorials. Students work with a wide range of materials including primary sources, such as cases and statutes, and legal writings drawn from articles and textbooks. All materials are made available in English, so no knowledge of foreign languages is required.

Course Descriptions

Learning outcomes: an understanding of how certain fundamental aspects of private law are dealt with in jurisdictions beyond England and Wales and a capacity to reflect on the differences and similarities between practices in those jurisdictions and those of English common law. Judicial protection against unlawful and sometimes lawful legislative and administrative acts or rules is of concern to individuals and companies in a variety of contexts. This course covers the central aspects of procedural and substantive judicial review under the public law of England, France and the European Union.

The course will consider these issues against the constitutional framework which exists in the three systems. Throughout the course the emphasis will be on making comparisons between the different systems. To facilitate this each of the topics studied will be analysed within the same week's work. The principal course objective is to enable students to acquire knowledge and understanding of the law in this area, and to be able to discuss at an advanced level elements of public law as they are evolving in England, France, and in the EU.

It is possible to undertake the course exclusively on the basis of English language materials, but the ability to read French is an advantage, since some of the secondary sources on French law are only available in the French language. There are, however, translations of the French case law used in the course. Teaching is primarily through lectures and seminars. Tutorials will be available in Hilary and Trinity term. The structure of the course is as follows.

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Buy Breach of Trust in Comparative Law (Studies on Comparative Law Book 2): Read Kindle Store Reviews - International & Comparative Criminal Law Since breach of trust or fiduciary duty occupies the centre of the legal stage, it comes as a surprise that, although one or two novelists have chosen 'Breach of Trust' as the title to their book, no lawyer has collection of studies for anyone concerned with the law on breach of trust.

In Michaelmas term and the first half of Hilary Term there will be lectures which deal with the central aspects of procedural and substantive review in the systems studied. The lectures are designed to lay the foundations for seminar discussion that will take place in the second half of Hilary term, and the first two weeks of Trinity term. The lectures and seminars will cover the following topics: the constitutional foundations of the three systems; procedural review; review for jurisdictional error; improper purposes; irrationality; proportionality; legitimate expectations; equality; and fundamental rights; damages actions, including damages for losses caused by lawful governmental action; standing and remedies.

The objectives of the course are to help students understand the characteristics that tax systems have in common, the areas in which tax systems differ, and the factors legal, institutional, political, economic, social and cultural that cause the similarities and differences. The objective of the course is to provide students with an understanding of this area of law, together with the ability to subject it to critical legal and economic analysis. The course aims to cover the main substantive laws relating to competition within the EC, including the control of monopoly and oligopoly; merger control; anti-competitive agreements; and other anti-competitive practices.

The emphasis is placed predominantly on EU competition law to reflect the importance it assumes in practice. UK competition law is also taught, both because of its value in providing a comparative study of two systems of competition law and because of its importance to the UK practitioner. The antitrust laws of the USA and competition laws of other jurisdictions are also referred to by way of comparison. Visiting speakers: There is a programme of visiting speakers details of which are found on the CCLP website.

Learning outcomes: a comprehensive understanding of the core principles of Competition Law and its application in the EU, UK and elsewhere. At the end of the course, students should be able to critically reflect upon the law, economic and legal principles underpinning competition law enforcement. The aim of the course is to enable students to critically reflect upon the core principles and policies at the heart of competition law.

In particular, to understand how the law governs business practices that may restrict competition in economic markets through private and public enforcement and to analyse how competition law can curb anticompetitive activities and facilitate free competition. Learning outcomes: at the end of the course, students should be able to: i understand how the law controls: a. The teaching in this course is done by way of lectures, seminars and tutorial sessions.

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Nevertheless, the pharmaceutical and related industries are thriving in the global marketplace. Defamation Invasion of privacy Intrusion on Seclusion False light Breach of confidence Abuse of process Malicious prosecution Alienation of affections Criminal conversation Seduction Breach of promise. Twitter International Company is an Irish corporation whose principal place of business is in Dublin. Tyldesley, Peter Consumer insurance law - reform at last? Bailliet 4. The House of Lords explicitly rejected an invitation to recognise a tort of invasion of privacy in Wainwright v Home Office. The course begins by examining what is an international agreement under international law and distinguishes such agreements from other arrangements between States or international organizations that constitute political rather than legal commitments.

The lecture series is devoted to examination of the relevant statutory and case law framework and to the discussion of basic economic concepts no prior knowledge of economics is required. Each lecture lasts two hours.

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Two seminar sessions, each lasting two hours, will also be held in MT. The tutorial series provides practical experience in the application of competition law through problem solving. Tutorials will be arranged centrally by the competition law group. There will be two tutorials in MT and two in HT. For more information on the course see the Centre for Competition Law and Policy website at: www.

The Conflict of Laws, or Private International Law, is concerned with private mainly commercial law cases, where the facts which give rise to litigation contain one or more foreign elements. A court may be asked to give relief for breach of a commercial contract made abroad, or to be performed abroad, or to which one or both of the parties is not English.

It may be asked to grant relief in respect of an alleged tort occurring abroad, or allow a claimant to trace and recover funds which were fraudulently removed, and so on. In each case, the court must decide whether to apply laws of English or foreign origin to determine the matters in dispute.

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This exercise in identifying the law applicable is the second of three areas around which this course in the Conflict of Laws is centred. Prior to this comes the issue of jurisdiction; that is, when an English court will find that it has, and will exercise, jurisdiction over a defendant who is not English, or over a dispute which may have little to do with England or with English law. Closely allied to this is the question of what, if anything, may be done to impede proceedings which are underway in a foreign court but which in the view of one of the parties or of the court really should not be there at all.

The remaining third of the course is concerned with the recognition and enforcement of foreign judgments, to determine what effect, if any, these have in the English legal order. In England, the subject has had an increasingly European dimension, not only in relation to the jurisdiction of courts and the recognition and enforcement of judgements but also for choice of law as it applies to contractual and non-contractual obligations.

The purpose of the course is to examine the areas studied by reference to case law and statute, and to aim at acquiring an understanding of the rules, their operation and inter-relationship, as would be necessary to deal with problems arising in practice in litigation with a cross border element. Those taking the course will gain an understanding of the concepts and practical applications of private international law as it applies in legal systems around the world.

This course covers the law of the constitution, including the structure and basic principles of the British constitution, and the impact of European Union law on the constitution.

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It also provides an introduction to the protection of human rights in English law. Structure: separation of powers, the role of the courts, the powers of the executive including prerogative powers , devolution to Scotland, Wales and Northern Ireland , the supremacy of European Community Law as it relates to national law, and the European principle of state liability.

Questions will not be set on the detail of the legal effect of directives or on the detail of European Institutions. General principles: constitutional conventions including ministerial accountability , parliamentary sovereignty, the rule of law. Human rights: the structure and effect of the Human Rights Act focusing in particular on its impact on parliamentary sovereignty and the judicial role ; the application of the Human Rights Act Whilst all topics are examinable, not all of the topics in the syllabus are required to be covered in tutorials. Tutors may focus on some parts of the course at the expense of other areas, and may include additional materials on their reading list that are not included on the core list.