SQE Study Notes: Substantive Law (Book 1)

Negligence

• Negligence (Duty of Care (Standard (General and Professional) and Breach)

• Causation (Single and Multiple)

• Remoteness and Loss

• Principles of Remedies for Personal Injury and Death Claims

• Claims for Psychiatric Harm

• Employers’ Primary Liability (Operation and Effect of Common Law Principles)

Remedies and Defences

• Defences (Consent, Contributory Negligence, Illegality, Necessity, Remedies For Negligence)

• Principles of Vicarious Liability

Occupiers’ Liability

• Occupiers’ Liability (Legal Requirements for a Claim under the Occupiers’ Liability Act 1957 (in relation to visitors) and the Occupiers’ Liability Act 1984 (in relation to non-visitors))

• Defences

• Exclusion of Liability

Product Liability

• Product Liability (Principles of Negligence, Principles of the Consumer Protection Act 1987)

Nuisance and The Rule in Ryland v Fletcher

• Nuisance (Public and Private Nuisance, The Rule in Rylands v Fletcher, Remedies (Damages and Injunctions) and Defences for Private and Public Nuisance)

The Legal System of England and Wales

• The Courts (the Judiciary, Court Hierarchy, the Appeal System and Jurisdiction, Rights of Audience)

Sources of Law

• Development of Case Law: The Doctrine of Precedent, Primary Legislation: The Structure of an Act of Parliament, Statutory Interpretation (The Literal Rule, Golden Rule, The Mischief Rule, The Purposive Approach, Presumptions and Aids to Statutory Interpretation and Construction)

Constitutional and Administrative Law

• Core Institutions of the State and How They Interrelate (Parliament and Parliamentary Sovereignty, Central Government and Accountability, Status of the Devolved Institutions and their Relationship with Westminster, the Monarch and the Crown, the Role of Constitutional Conventions, Prerogative Powers; Relationship with Legislation and Constitutional Conventions), Legitimacy, Separation of Powers and the Rule of Law (Powers and Procedures for the Enactment, Implementation and Repeal of Primary and Secondary Legislation, Public Order, Processions and Assemblies, Breach of the Peace, Judicial Review, The Nature, Process and Limits of Judicial Review, Supervisory Nature, Remedies, Decision Which May Be Challenged, Standing, Time Limits, Grounds for Judicial Review, Illegality, Irrationality, Procedural Impropriety and Legitimate Expectation)

• Human Rights Act 1998 and the European Convention on Human Rights (ss.2, 3, 4, 6, 7, 8, 10 Human Rights Act 1998, Schedule 1 Human Rights Act 1998, the Convention Rights and Protocols)

EU Law

• The Place of EU Law in the UK Constitution (Sources of Retained EU Law, Categories/Status/Interpretation of Retained EU Law / Modification / Withdrawal of Retained EU Law)

Express and Implied Trusts

• Creation and Requirements of Express Trusts (3 Certainties of Intention, Subject Matter and Objects, Formalities to Create an Express Inter Vivos Trust, Constitution of Express Inter Vivos Trust and Exceptions to the Rule That Equity Will Not Assist a Volunteer, Exceptions to the Rule When Equity Will Assist a Volunteer)

• Beneficial Entitlement (Fixed, Discretionary, Vested and Contingent Interests, the Rule in Saunders v Vautier)

• The Distinction Between Charitable and Non-Charitable Purpose Trusts (Purpose Trusts, Charitable Trusts)

• Resulting Trusts (How They Arise and When They Are (or are not) Presumed)

• Trust of the Family Home (Establishment of a Common Intention Constructive Trusts, Requirements to Establish Proprietary Estoppel)

• Liability of Strangers to the Trust (Establishing Recipient Liability, Establishing Accessory Liability)

The Fiduciary Relationship

• The Fiduciary Relationship (Duty Not To Profit from Fiduciary Position, Trustees Not To Purchase Trust Property, Fiduciary Not To Put Himself in a Position Where His Interest and Duty Conflict)

Trustees’ Duties, Powers and Liability

• Trustees (Who Can be a Trustee: Appointment, Removal and Retirement, Trustees’ Duty of Care, Trustees’ Duty To Invest (and powers in relation to investment), Trustees’ Statutory Powers of Maintenance and Advancement)

• Trustees’ Liability (Breach of Trust, Liability for Breach, Measure of Liability, Protection of Trustees and Limitation Period)

Equitable Remedies

• The Nature of Equitable Remedies And The Availability of Tracing in Equity (Equitable Remedies and Tracing (Equitable Proprietary Claim))

Nature of Land

• Distinction Between Real Property and Personal Property, How to Acquire and Transfer Legal and Equitable Estates (including formalities), How to Acquire and Dispose of Legal and Equitable Interests in Land (including formalities), Methods to Protect and Enforce Third Party Interests, Different Ways in Which Land Can Be Held, Legal Formalities Required to Create and Transfer Interests and Estates in Land

Title to Land

• Registration of Title to Land: Estates That Can Be Substantially Registered, How to Protect Interests, Interests That Override Registration and Interests That Need To Be Protected On The Register, Core Principles of Unregistered Land: Role of Title Deeds, Continuing Role of Doctrine of Notice

Co-ownership and Trusts

• Difference between Joint Tenants and Tenants in Common in Law and in Equity, Rules of Survivorship, Severance of Joint Tenancies, Solving Disagreements Between Co-owners by Reference to Sections 14 and 15 Trusts of Land & Appointment of Trustees Act 1996, Proprietary Rights: Essential Characteristics of Easements, Methods of Creation of Easements, Rules for Passing of the Benefit and Burden of Freehold Covenants, Mortgages, including Enforceability of Terms, Priority of Mortgages, Lenders Powers, Duties and Protection of Mortgages and Other Third Parties With An Interest in Land, Protection of Mortgages, Third Parties and Priority of Mortgages

Leases

• Lease (Legal and Equitable), Relationship Between Landlord and Tenant In A Lease, Essential Characteristics of a Lease Including the Difference Between a Lease and a License, Privity of Contract and Privity of Estate, Rules for the Passing of the Benefit and Burden of Leasehold Covenants and Enforceability, Purpose and Effect of an Alienation Covenant, Remedies for Breach of Leasehold Covenants (including forfeiture)

Definition of the Offence

• Actus Reus

• Mens Rea

Specified Criminal Offences

• Assault and Battery (Common Law and Statutory)

• Theft Offences (Theft, Robbery, Burglary, Aggravated Burglary)

• Criminal Damage (Simple Criminal Damage, Aggravated Criminal Damage and Arson)

• Homicide (Murder, Voluntary Manslaughter (Diminished Responsibility and Loss of Control), Involuntary Manslaughter (Unlawful Act Manslaughter, Manslaughter by Gross Negligence))

• Fraud (Fraud By False Representation, Fraud By Failing To Disclose Information, Fraud By Abuse of Position)

Specific and General Defences (Intoxication, Self- Defence and Defence of Another, Partial Defences)

Participation (Parties, Joint Enterprises and Inchoate Offences)