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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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The Discipline of Law


ISBN13: 9780406176059
ISBN: 0406176051
Published: January 1979
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £25.49
Hardback edition out of print, ISBN13 9780406176042



In stock.

2005 OUP Reprint of the original Butterworths edition

The underlying theme of this book is 'that the principles of law laid down by the Judges in the 19th century - however suited to social conditions of that time - are not suited to the social necessities and social opinion of the 20th century. They should be moulded and shaped to meet the opinions of today'.

The Discipline of Law is a fascinating account of Lord Denning's personal contribution to the changing face of English Law in this century. It is divided into seven main parts each concentrating on one area of law in which that change has been most marked.

Subjects:
Biography
Contents:
PART ONE
The Construction of Documents
Introduction
1. Command of language
2. The interpretation of statutes
3. The interpretation of wills and other unilateral documents
4. The construction of contracts
5. Looking for help

PART TWO
Misuse of Ministerial Powers
Introduction
1. Deciding wrongly
2. Clauses ousting the courts
3. Declarations
4. Other points on tribunals
5. Administrative decisions
6. Clauses giving unfettered discretion
7. Prerogative power
8. The Ultra Vires clause

PART THREE
Locus Standi
Introduction
1. Modern extensions
2. The Blackburn cases
3. Declaration and injunction
4. The remedy of judicial review
5. Private rights
6. The Gouriet case

PART FOUR
Abuse of 'Group' Powers
Introduction
1. Powers against own members
2. Powers against other persons
Conclusion

PART FIVE
High Trees
Introduction
1. The High Trees case
Conclusion

PART SIX
Negligence
Intoduction
1. Leading up to Candler v Crane, Christmas
2. Doctors at law
3. The impact of Hedley Byrne
4. Houses falling down
5. Innocent representation made actionable
6. Surprising consequences
Conclusion

PART SEVEN
The Doctrine of Precedent
Introduction
1. The doctrine of precedent
Conclusion
Epilogue
Index