Law (Senior Status) - LLB (Hons)

This module seeks not only to familiarise students with the basic concepts and structure of modern British company law, but also to provide them with a critical understanding of the nature and dynamics of modern capitalism and of the historical development of industrial organisation and the emergence of company law within it. In addition to a selection on modern company law, therefore, the module also traces the rise of the joint stock company in the nineteenth century and the emergence of company law in its wake. It moves on to trace the twentieth century rise of the modern multidivisional, multinational company and its impact on company law. In this context, it also considers the nature of the share and of shareholding, and the role of the Stock Market, and explores contemporary debates about corporate governance. Key aspects will include exploring the contractual relations between, on the one hand, the company and its agents and on the other hand, third parties who deal with the company, tracing the evolutionary changes from the Common Law to the modern predominantly statutory framework. It will also deal with aspects of corporate management and control, including directors’ duties, shareholders’ rights and the increasingly important issues pertaining to market abuse and how the law seeks to deal with such practices. Students are encouraged to familiarise themselves with current issues in the commercial world by reading the financial pages of the newspapers, as reference will frequently be made to current events to facilitate the learning process. The module will address a range of inter-related questions: How well suited is modern company law to the regulation of the large modern corporation? What do shareholders do? What does the Stock Market do? In whose interests are modern corporations run? In whose interest should they be run? How do companies contract and what are the relationships between the organs of the company?

Following on from 'Introduction to Obligations', 'Foundations of Property' continues the study of private law by introducing students to property law. 'Property' is something we tend to presume we know about, and rarely examine as an idea or practice closely. Most often we use it to connote an object or ‘thing’, and presume that it has something to do with ‘ownership’ of that object; we use expressions such as, 'This is mine,' and often do not examine the detail of what that really means.

This module begins to unpack and examine the ideas and practices of property more closely, looking in particular at land to ask questions such as: what do we mean by ‘ownership’? What happens when a number of competing ‘ownership claims’ in one object exist? What are the limits of 'ownership'? Does 'ownership' entail social obligation?

When preparing for the module it will be useful to think about (and collect material on) current debates over contested ownership (or use) of property and resources, especially in relation to land.

TERM 1

• Constitutionalism: history, theories, principles and contemporary significance

• Models of Government at national, local and supra-national levels

TERM 2

• Human Rights – history and contemporary significance and deployment

• The scope of governmental authority and its limits

• Judicial review and other forms of citizen redress

This module introduces the law of obligations, which comprises the private law of duties and rights to which individuals and organisations are subject. Traditionally, it includes the law of contract and tort (but not property). As well as introducing some of the content (which is covered more extensively in LW650 and LW651), a key focus is on the institution of the common law through which most of the law of obligations has emerged. This aspect is especially explored through the case classes, which run alongside the lectures and seminars.

Part A: English Legal System

This module provides an overview of the English Legal System, including the following indicative topics:

1) An introduction to Parliament and the legislative process

2) The court structure and the doctrine of precedent

3) An introduction to case law, including how to identify and the importance of ratio decidendi and obiter dicta

Part B: Introduction to Legal Skills

The module also gives students an introduction to the basic legal skills that they will develop further in their other modules throughout the degree. The focus here is on specific exercises to support exploration and use of the library resources that are available, both in paper copy and electronically through the legal databases, and on understanding practices of legal citation.

This module will offer a one-week overview of Contract law doctrine by reviewing the essentials of contract law gained by students in Introduction to Obligations and provide an overview of the lectures to follow.

Thereafter, students will spend the majority of the time on contract doctrine and problem-solving in contract law, comprised of doctrinal topics not covered in LW315 Introduction to Obligations e.g. breach of contract and remedies, contractual terms, misrepresentation, termination and frustration of contracts and policing bargaining behaviour.

The remainder of the module will focus on contract theory (e.g. freedom of contract, relational contract theory, contract and the vulnerable, contract and consumption). This section of the module will overlay the doctrine covered in the previous section with a basic theoretical framework, and ground students' understanding of critical essay writing in contract law. It will also build on discussion of the purposes of contract law in Introduction to Obligations.

The bulk of this module will concentrate on the Tort of Negligence in contrast to students' knowledge of the law of trespass to the person (gained in LAWS3150 Introduction to Obligations). Students will focus on the conceptual structure of the tort of negligence, its rise and dominance over other torts, its role in accident compensation, the funding of accident compensation and the role of insurance, and the system's contribution to an alleged "compensation culture". The approach is primarily doctrinal but is informed by various theoretical perspectives examining differing notions of justice.

A smaller section of this module will contrast the predominantly case-based Tort of Negligence with various statutory torts. Students will also consider the Land Torts. This draws further attention to the diverse range of harms or interests protected by tort law and to the diverse conceptual structures of different torts.

The role of evidence in a courtroom (civil and criminal) is technical but its rules reflect core principles of the due process of law. This is critically examined with reference to the right to a fair trial as guaranteed under Article 6 of the European Convention on Human Rights. The module considers matters such as the functions of judge and jury, standards and burdens of proof, the competence and examination of witnesses, the exclusionary rules relating to character, opinion and hearsay, improperly obtained evidence. The module also introduces students to the process of inferential logic through its unique case classes. The law of evidence is a mandatory subject in the vocational stages of training and so a thorough, critical examination at this stage will provide students with an advantage if they intend to enter the legal profession.

Over the course of the late twentieth century the modern state was transformed in far-reaching ways. The deregulation and privatisation of national economies, the rise of risk governance, the proliferation of administrative agencies and the increasing the involvement of experts in public policy have all profoundly affected the practice of government. At the same time, states responded to global problems cutting across national boundaries (eg, in finance, security and the environment) by governing through transnational networks and global institutions far removed from conventional mechanisms of democratic and legal accountability. These changes have dramatically transformed the landscape of public law - broadly defined as 'the practices that sustain and regulate the activity of governing'.

This module helps students to navigate this shifting constitutional terrain and grapple with the key legal and political challenges it poses. In Public Law 1 (LW588) students learned about the core principles of constitutional and administrative law, exploring issues like parliamentary sovereignty, the separation of powers, judicial review, human rights and devolution. In the Law of the European Union (LW593) students were introduced to the principle of multi-level governance through which the modern state operates. Public Law 2 builds on these insights by analysing the complexity of contemporary governance in detail. The aim is to have students think critically about (i) the changing nature of the state, global governance and regulation; (ii) how globalisation is changing the ways public law problems are governed; (iii) the key challenges these shifts pose for the protection of rights and (iv) the different techniques and processes for holding states and powerful actors to account.

This module will build on the knowledge that students will have acquired in Public Law 1, where they have been provided with an introduction to the history of the EU, the main institutions of the EU and some key constitutional issues arising from the principle of supremacy of EU law from a UK legal perspective (e.g. impact on national parliamentary sovereignty). Consequently, this module will develop student learning by focusing instead on related and non-related foundational legal aspects of EU law not addressed or only partially addressed in Public 1, including notably the core areas of substantive law of the EU common market, especially free movement of goods and persons. Where relevant, the material will be related back and compared to the relevant rules in the English legal system that the students have studied, e.g. judicial review and protection of fundamental rights.

Indicative topics:

The coverage of fundamental areas of the institutional, constitutional and administrative legal framework of the European Union in this module will build on the introduction to the EU provided in Public Law 1, and will focus on more advanced aspects. The following contains an indicative list of EU law topics addressed in this module, (taking into account that this list may be subject to amendment or be re-ordered in any given academic year for pedagogical-related reasons):

• Introduction: Evolution of the EU's institutional and legal framework

• Foundational legal principles of EU Law: direct effect, supremacy, preliminary ruling procedure

• EU single market law: notably, the free movement of goods and persons (migrant workers, self-employed and businesses)

• Individual rights under EU Law: fundamental rights and the EU, EU Citizenship

This module, normally taken in Stage 2, introduces the student to the main principles and doctrines of equity and trusts. It is designed to challenge the somewhat dull image of this area of law and to encourage a critical and imaginative understanding of the subject. The law of equity and trusts is contextualized within a historical, social and jurisprudential inquiry thereby providing a much wider range of possible interpretations of its development and application. What then becomes central to the module’s approach is the complex interrelation of law with ethical, political, economic and jurisprudential considerations, and that between legal outcomes, pragmatic concerns and policy objectives.

Drawing upon the student’s experience of the study of law, in particular that gained from Foundations of Property Law and Property Law, this module examines the trust both as a private legal institution (the trust in family and commercial settings) and a public one (the charitable trust), placing special emphasis on the management of the trust and the powers, duties and obligations of the trustee. Yet in departing from conventional approaches this module does not study equity merely in regards to its role as the original creator of the trust. Equity is instead acknowledged to be what it really is - a vital and fruitful component of the English legal system; a distinct form of legal interpretation possessing its own principles and method of legal reasoning, and comprising an original and continuing source of legal development in the sphere of remedies.

The focus of the module is private property in English land: title by registration; squatting; owner-occupation; leases; covenants and land development. It builds on the Foundations of Property module to develop an in-depth understanding of English land law, its conception of property and its politics and effects. And it gives experience in how to advise clients on land law problems – and on how to avoid problems for clients.