English Law & Hong Kong Law

3-hour closed book examination.

Module description:

The general nature of criminal law;
The various actus reus and mens rea requirements;
The principal offences against the person;
The principal property offences;
The inchoate offences;
The liability of accomplices;
The defences.

Compulsory for The Law Society: Yes
Exemption from the LPC: Yes

2 x 1-hour lecture per week, 1 x 1-hour tutorial per week.

Recommended reading: Ewan McKendrick Contract Law (7th ed), Palgrave Macmillan, 2007.

Module description:

Function of contract.
The formation of contracts.
Form and consideration.
Privity.
The terms of a contract.
Exemption clauses.
Capacity of parties.
Discharge of contracts.
Contractual remedies.
Mistake.
Misrepresentation.
Frustration.
Duress and undue influence.

Compulsory for The Law Society: Yes
Exemption from the LPC: Yes

2 x 1-hour lecture per week, 1 x 1-hour tutorial per week.

Recommended reading: Steiner and Woods, EU Law (OUP- last edition) and Wyatt & Dashwood, EU Law (Sweet & Maxwell 2006).

3-hour closed book examination.

Module description:

The political and legal history of European integration.
The structure of the basic European Union treaties.
The institutions of the European Union and the process of law-making.
The competences of the European Union.
Introduction into substantive European Union law.
Rights and remedies in European Union law.

Compulsory for The Law Society: Yes
Exemption from the LPC: Yes

2 x 1-hour lecture per week, 1 x 1-hour tutorial per week.

Recommended reading: Bradley & Ewing, Constitutional and Administrative Law (Longman).

Module description:

The nature of constitutional law - sources and characteristics of British constitutional law - separation of powers - the supremacy of Parliament - constitutional conventions - the constitutional position of the judiciary - the rule of law.

Parliament, its meeting, composition (including elections), functions, powers and procedure, devolution.

The Executive - monarchy - royal prerogative - Cabinet government - the position of the Prime Minister - ministerial responsibility - the Crown and foreign relations.

Administrative law in England - types of government powers - remedies against public authorities - the Crown in litigation - delegated legislation - tribunals and enquiries.

The citizen and the State - liberties of the individual - police powers - freedom of assembly - freedom of expression.

Compulsory for The Law Society: Yes
Exemption from the LPC: Yes

2 x 1-hour lecture per week, 1 x 1-hour tutorial per week.

Recommended reading: Perrins, Introduction to Land Law (3rd ed 2000) and Elizabeth Cooke, Land Law (Oxford, 2007).

Module description

Property law involves a study of the types of interests which can exist in land, the rights and duties generated by them, and whether and how they can be protected against third parties acquiring other interests in the land, and (in outline) how they can be transferred.

The interests studied include interests in the family home and co-ownership interests generally, and commercial interests such as leases, mortgages, easements (eg rights of way) and covenants. Informal interests such as occupational licences and interests arising by estoppel are also considered. The module also considers the extent to which the Human Rights Act 1998 affects property rights.

The module involves a mix of case law and statutory provisions, with emphasis on reform proposals.

Structured seminar materials are provided, consisting of references to case law, statutes, articles and Law Commission reports, followed by a list of discussion points and problem questions.

! Property and Trusts are in some respects complementary, so that students intending to take both options are recommended to take them concurrently.

Compulsory for The Law Society: Yes
Exemption from the LPC: Yes

3-hour closed book examination.

Module description

The module focuses on general principles of tort liability as reflected in the law governing negligence, intentional interference with the person and the law of nuisance. In particular, the course seeks to promote understanding of and reflection upon:

• The principles of the tort of negligence. This includes the duty of care owed in respect of physical damage, psychiatric injury, purely economic loss, omissions to prevent harm, and harm caused by public authorities. It also covers the applicable principles of causation and remoteness.
• Defences to an action in negligence
• The statutory regulation of occupiers’ liability and product liability
• The principles of the tort of nuisance (including the rule in Rylands v Fletcher)
• Protection of Privacy and Defamation
• Vicarious liability
• Principles of the law of damages and other remedies

Compulsory for The Law Society: Yes
Exemption from the LPC: Yes

2 x 1-hour lecture per week, 1 x 1-hour tutorial per week.

Recommended reading: J E Penner Law of Trusts 5th ed (2006), Hayton & Marshall’s Commentary and Cases on The Law of Trusts and Equitable Remedies 12th ed (2005).

Module description

Aims and Objectives:

The function of the course is to develop an understanding of the nature and utility of the trust concept and of equitable remedies in a changing social and commercial environment. The course encourages students to develop their analytical faculties and to think for themselves, so that they have the ability to tackle practical problems and to forecast how the law should develop to fulfil its purposes.

Syllabus:

The development of equitable principles. The trust concept as distinguished from other related concepts.
Express private trusts: certainties, beneficiary principle, perpetuity rules. The machinery of trusts. The various uses of trusts.
Charitable trusts: distinctions from private trusts; charitable purposes.
Duties of trustees: accountability, duty of care, delegation, investment, avoidance of a conflict of interest.
The nature and scope of fiduciary obligations.
Breaches of trust or fiduciary obligation: proprietary and personal remedies.
Resulting and constructive trusts.

Compulsory for The Law Society: Yes
Exemption from the LPC: Yes