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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 asserting the supremacy of EU law over domestic law (looking specifically at the Ajos litigation), and an analysis of the need for a dialogue between the CJEU and domestic courts.
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 cases), and political control of subsidiarity (the 'Early Warning Mechanism' introduced by the Lisbon Treaty).
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 for the agreed sum).
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 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 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 the third party.
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 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 remedies often awarded (rescission and damages), and the rules surrounding excluding liability for misrepresentation.
Comprehensive summary/exam notes on the rules surrounding implied and express terms in Contract Law. This document covers the incorporation of express terms (notice, contained or referred to in a document, and reasonable steps to bring the terms to the attention of the other party), terms implied by statute (Sale of Goods Act 1979, Supply of Goods and Services Act 1982, Consumer Rights Act 2015), terms implied by custom, terms implied by common law, and the incorporation, construction and regula...
Comprehensive summary/exam notes on the rules surrounding frustration of contract in Contract Law. This document covers the basis of frustration (illegality, impossibility, frustration of purpose), factors excluding frustration (express provision, foreseen/foreseeable events, self-induced frustration) and the effect of frustration under both common law and Law Reform (Frustrated Contracts) Act 1943. It also covers the effect of 'booking conditions' (with regard to both consumer and non-con...