Oxford University Law Summaries

Comprehensive summary/exam notes on misrepresentation in Contract Law. This document covers the three elements of misrepresentation (statement of existing law/fact, addressed to the party misled, and inducement), the three types of misrepresentation (fraudulent, negligent and innocent), the two reme...

Comprehensive summary/exam notes on the rules surrounding mistake in Contract Law. This document covers offer and acceptance mistake (latent ambiguity, mistake as to terms, mistake as to identity), common mistake (mistake as to existence of subject matter, mistake as to quality) and non est factum.

Comprehensive summary/exam notes on the rights of third parties in Contract Law. This document covers the provisions of the Contracts (Rights of Third Parties) Act 1999, the rules on variation and rescission of contract and avoiding double liability, and whether the promisee can recover on behalf of...

Comprehensive summary/exam notes on unequal bargaining power in Contract Law. This document covers duress (duress to the person, duress to goods and economic duress), and undue influence (actual and presumed undue influence following the case of Royal Bank of Scotland v Etridge).

Comprehensive summary/exam notes on the rules surrounding unfair contract terms in Contract Law. This document covers unfair terms in consumer contracts (under Consumer Rights Act 2015) and non-consumer contracts (under Unfair Contract Terms Act 1977).

Comprehensive summary/exam notes on unilateral contracts in Contract Law. This document covers the case of Carlill v Carbolic Smoke Ball, the rules regarding offer, acceptance and consideration in unilateral contracts, and the extent of recovery in relation to such contracts (specifically an action ...

Comprehensive summary/essay plan on the principles of conferral and subsidiarity in EU law. This document covers the definition of both conferral and subsidiarity in EU law (under Article 5 TEU), why subsidiarity is needed, judicial control of subsidiarity (specifically the two Tobacco Advertising c...

Comprehensive summary/essay plan on the principle of constitutional pluralism in EU Law. This document covers the definition of constitutional pluralism, the EU principle of supremacy (specifically the cases of Costa v ENEL and Internationale Handelsgesellschaft), the role the CJEU has played in ass...

Comprehensive summary/essay plan on the principle of democratic deficit in EU Law. This document will cover what is meant by the term 'democratic deficit' (including an analysis of what can legitimately be expected of the EU in this regard), and the problems currently threatening democracy wit...

Comprehensive summary/exam notes on the principle of direct effect in EU Law. This document will cover the types of direct effect (vertical, horizontal, and incidental), the arguments for and against direct effect of directives (in general), the arguments for and against the horizontal direct effect...

Comprehensive summary/exam notes on free movement of goods in EU Law. This document sets out the structure and content needed to fully answer any EU problem question. It covers the distinction between a quantitative restriction and a 'measure having equivalent effect' (MEQR - Dassonville), the...

Comprehensive summary/essay plan on horizontal direct effect of directives in EU Law. This document details the current legal position and a comparison between the horizontal direct effect and indirect and incidental direct effect, highlighting any differences or similarities in the outcomes. It wil...

Comprehensive summary/exam notes on liability of the EU which can be used to structure any problem question and contains analysis that can be used in an essay. This document covers both the Article 263 TFEU route and Article 265 TFEU route to holding the EU to account, setting out for each the rules...

Comprehensive summary/exam notes on national procedural autonomy and state liability under EU law. This document sets out a timeline from an emphasis on national procedural autonomy (Rewe-Zentralfinanz and Comet) to the cases of Francovich, Factortame (No.1) and Kobler. This document also contains m...

Comprehensive break down of the different viewpoints on the principle underpinning free movement of goods in EU law through all the key cases (Dassonville, Cassis de Dijon, Keck, Commission v Italy, Mickelsson and Roos). This document also includes lengthy analysis that can be used to structure an e...

Comprehensive summary of the concept of supremacy in EU law. This document covers the relationship between supremacy and direct effect (specifically the 'primacy model' and 'trigger model' proposed by Dougan), the differences between the EU perspective and the national courts perspective...

Comprehensive break down of two key questions relating to Article 5 ECHR (right to liberty): Is the right to liberty a substantive or procedural right?; is the right to liberty a powerful right? In relation to the first question, the document outlines the approach taken in the Convention and case ...

Comprehensive summary/exam notes on the Article 6 ECHR right to a fair trial. This document covers the ECtHR and domestic court approach to balancing (and counter-balancing factors), the "proceedings as a whole" test, and secret evidence. It also contains in depth analysis that can be used to ...

Comprehensive summary/exam notes on the margin of appreciation in Human Rights Law. This document covers the first conception of the margin of appreciation in Handyside v UK, and the different conceptions of the margin of appreciation set out by Letsas (structural and substantive).

Comprehensive summary/exam notes on the principle of extraterritoriality in Human Rights Law. This document sets out a timeline of cases from the traditional view of jurisdiction in Bankovic v UK to its development in Al-Skeini v UK, Al-Saadoon, Georgia v Russia and Carter v Russia. It also includes...

Comprehensive summary/essay plan on common law vs ECHR rights and the question of whether common law rights can offer the same degree as protection. This document covers distinctive features of the UK system, features of convention rights and the degree of scrutiny provided by both courts which can ...

Comprehensive summary/essay plan on the Article 14 ECHR right to freedom from discrimination. This document sets out the development of Article 14 through the ECtHR (looking at the parasitic nature of the right, the grounds of discrimination, the definition of discrimination itself, and the developm...

Comprehensive summary/exam notes on Article 10 ECHR right to freedom of expression. This document covers the different potential rationales underlying Article 10 (the importance of discovering truth, self-fulfilment, democracy) along with a structured essay plan on whether the law acts in furtheranc...

Comprehensive summary/exam notes on the Article 9 ECHR right to freedom of religion. This document covers the principles underlying Article 9 (secularism, pluralism, coexistence, human agency), the test employed under Article 9 (legality, legitimacy, necessity and proportionality) and the applicatio...

Comprehensive summary/exam notes on the topic of unjust laws in Jurisprudence covering two key questions: whether unjust laws are still law, and whether we have an obligation to obey unjust laws. This document sets out differing views and includes in-depth analysis which can be used to structure an ...

Comprehensive summary/exam notes on the topic of the rule of law in Jurisprudence. This document covers different conceptions of the rule of law (thin conception proposed by Fuller and Raz, and thick conception proposed by Bingham), what is valuable about the rule of law, and includes in-depth criti...

Comprehensive summary/exam notes on Hart's rule of recognition in Jurisprudence. This document outlines Hart's theory and Dwarkin's two main criticisms: the existence of legal principles and theoretical disagreement. It also includes in-depth analysis that can be used to structure an essay ...

Comprehensive summary/exam notes on the question of the role of sanctions in Jurisprudence. This document outlines Austin's view, Kelsen's view and criticisms from both Raz and Hart, along with in-depth analysis that can be used to structure an essay on this topic.

Comprehensive summary/essay plan on the question of whether law can be properly understood without reference to a moral purpose or point. This document covers Finnis' theory on the purpose of the law (including his 'central case' idea and the 'still/really' distinction) and Hart's ...

Comprehensive summary/exam notes on the topic of proprietary estoppel in Land Law. This document covers the 4 stage test for proprietary estoppel established in Thorner v Major (representation/assurance, reliance, detriment, unconscionability), the effect of proprietary estoppel under the Land Regis...

Comprehensive summary/exam notes on the topic of leases and licenses in Land Law. This document covers the content requirements for a lease set out in Street v Mountford (exclusive possession, for a term, and at a rent), the special case of a Bruton tenant, the formalities required for a lease under...

Comprehensive summary/essay plan on the appropriate basis for granting a remedy in proprietary estoppel cases in Land Law, specifically following the SC judgment of Guest v Guest. This document outlines the judgment and advantages and critiques of both the majority and minority approach which can be...

Comprehensive summary/exam notes on the topic of easements in Land Law. This document sets out a structure that can be used to answer any problem question on this topic. It outlines the requirements for an easement as stated in Re Ellenborough Park, the additional criteria found in Regency Villas, t...

Comprehensive summary/exam notes on the topic of covenants in Land Law. This document sets out a structure which can be used to answer any problem question on this topic. It sets out the test for distinguishing a positive from a negative covenant, the test for determining whether the burden has pass...

Comprehensive summary/exam notes on the topic of co-ownership in Land Law. This document sets out a structure that can be used to answer any problem question on the topic. It sets out the difference between a joint tenancy and a tenancy-in-common, the test to determine how the property is held at co...

This document sets out a comprehensive summary of various actual occupation cases in Land Law, including the circumstances of the case and whether the court found there to be actual occupation or not. These cases can be used in problem questions when applying Schedule 3, para 2 Land Registration Act...

Comprehensive summary/exam notes on the topic of vicarious liability and non-delegable duties in Tort Law. This document sets out a structure that can be used to answer any problem question on the topic. It sets out the test regarding the relationship between the tortfeasor and the defendant, and th...

Comprehensive summary/exam notes on the rule in Rylands v Fletcher in Tort Law. This document sets out a structure that can be used to answer any problem question on the topic. It sets out who can sue, who can be sued, the 4-stage test, and the alternative 'dangerous thing' test set out in Cam...

Comprehensive summary/exam notes on the principle of remoteness in Tort Law. This document sets out the key cases on remoteness in general negligence claims, in psychiatric harm cases, and on the question of scope of duty (SAAMCO and Khan v Meadows).

Comprehensive summary/exam notes on the topic of pure economic loss in Tort Law. This document covers the difference between property damage and economic loss, the difference between consequential economic loss and pure economic loss, the test for when the law imposes a duty of care in relation to p...

Comprehensive summary/exam notes on the topic of private nuisance in Tort Law. This document sets out a structure that can be used to answer any problem question on the topic. It sets out who can sue, who can be sued, the test for nuisance following the 2023 UKSC case of Fearn v Tate (including how ...

Comprehensive summary/exam notes on the topic of occupier's liability in Tort Law, under both Occupier's Liability Acts (1957 and 1984). This document sets out a structure that can be used to answer any problem question on this topic. It sets out the test for determining whether the defendant ...

Comprehensive summary/exam notes on the topic of duty of care in Tort Law. This document outlines the proper approach to deciding whether a duty has arisen (as set out in Robinson v CC West Yorkshire Police), the exception to the general rule of no liability for omissions in Home Office v Dorset Yac...

Comprehensive summary/exam notes on the defences that can be invoked in a negligence case in Tort Law. This document covers contributory negligence under Law Reform (Contributory Negligence) Act 1945 (including the issue of whether suicide of the claimant can count as contributory negligence), volen...

Comprehensive summary/exam notes on the topic of defective products in Tort Law under both the Consumer Protection Act 1987 and common law. This document sets out a structure that can be used to answer any problem question on the topic. It sets out the test for determining whether the defendant fall...

Comprehensive summary/exam notes on the topic of defective premises in Tort Law, under both the Defective Premises Act 1972 and the Building Safety Act 2022. This document sets out a structure that can be used to answer any problem question on this topic. It sets out in detail 4 different claims: a ...

Comprehensive summary/exam notes on the topic of causation in Tort Law. This document outlines the 'but for' test, the test for material contribution to injury, the test for material contribution to risk, failure to warn test, rules regarding recovery for loss of chance and rules regarding a b...

Comprehensive summary/exam notes on the question of breach of duty in Tort Law. This document covers various relevant considerations that can be taken into account (the gravity of the potential harm, cost of precautions and the utility of the defendant's conduct), and the relevance of other circu...

Comprehensive summary/exam notes on the topic of the three certainties in Trusts Law, specifically certainty of object and certainty of subject matter. This document sets out a structure that can be used to answer any problem question on the topic. It sets out the four different scenarios in a certa...

Comprehensive summary/exam notes on the topic of resulting trusts in Trusts Law. This document covers both automatic and presumed resulting trusts. For each, it sets out different views proposed by different academics and judges and includes in-depth analysis and critique that can be used to structu...

Comprehensive summary/exam notes on the topic of Quistclose trusts in Trusts Law. This document covers the case of Barclays Bank Ltd v Quistclose Investments Ltd itself and the question of whether the Quistclose trust can be categorised under existing categories of trust (express trust, resulting tr...

Comprehensive summary/exam notes on the rule against trusts for private purposes in Trusts Law. This document covers the distinction between private purpose and charitable trusts, the rationale for the rule against private purpose trusts and exceptions to the rule.

Comprehensive summary/exam notes on personal liability of trustees in Trusts Law. This document covers the progression of the case law from Cocker v Quayle, to Target Holdings, AIB v Redler and beyond. It focuses on the question of whether the remedy of falsification is still available following thi...

Comprehensive summary/exam notes on the nature of the beneficiary's interest in Trusts Law. This document outlines the points in favour of and obstacles in the way of classifying the beneficiary's interest as a property/proprietary right, a persistent right (as proposed by McFarlane and Steven...

Comprehensive summary/exam notes on the topic of knowing receipt in Trusts Law. This document covers three different explanations behind the knowing receipt claim: unjust enrichment (put forward by Lord Nicholls and Birks), wrongs (put forward by Smith and Swadling), and a constructive trustee (put ...

Comprehensive summary/exam notes on dispositions of equitable interests in Trusts Law under s.53(1)(c) Law of Property Act 1925. This document sets out a structure that can be used to answer any problem question on this topic. It outlines the approach to be taken (with case law) with each possible s...

Comprehensive summary/exam notes on the topic of constructive trusts in Trusts Law. This document outlines 6 different arguments for the imposition of a constructive trust: deterrence, consistency, proxy for the loss that principal suffered, the 'good man argument', unjust enrichment of fiduci...