エピソード

  • Criminal Law II: Parties
    2025/10/17

    Fundamental principles of criminal liability in England and Wales, focusing on both parties to a crime and inchoate offenses like attempt. The first source details the roles of the Crown Prosecution Service (CPS), the defendant, and the victim, distinguishing between a principal offender (who commits the actus reus and possesses the mens rea) and accomplices or secondary parties who aid, abet, counsel, or procure a crime. It further explains concepts like joint enterprise and the requirements for effective withdrawal from an offense. The second source establishes the legal framework for attempt to commit an offence, requiring an act that is more than merely preparatory to the full crime, as defined by case law like R v Gullefer and R v Jones. Crucially, conviction for attempt demands a high threshold of mens rea, specifically the intention to commit the full offense, and liability can still apply even when the crime is factually impossible, as confirmed in R v Shivpuri.

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    32 分
  • Criminal Law I: Definition of The Offence
    2025/10/16

    A comprehensive SQE overview of the fundamental elements of criminal liability in English law, focusing on the concepts of actus reus (the guilty act) and mens rea (the guilty mind). The first source details actus reus, explaining how it can be proven through conduct, results, or the mere existence of a situation, alongside exceptions where an omission (failure to act) can create liability under certain duties. The second source examines mens rea, differentiating between intention, recklessness, and negligence, and introduces doctrines like transferred malice and the contemporaneity principle. Finally, the third source discusses general defences, concentrating on the rules governing intoxication, which can negate mens rea for specific intent crimes, and the principles of self-defence and defence of another, including the special allowances made for householder cases.

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    44 分
  • Contract Law VII: Equitable Remedies
    2025/10/15

    An SQE overview of equitable remedies in law, which contrast with traditional legal remedies like monetary damages, focusing instead on actions to correct a wrong or prevent future harm. It explains that equitable remedies, such as injunctions and specific performance, are granted at the court’s discretion only when financial compensation is inadequate, and are subject to specific principles like the "Clean Hands" Doctrine and Laches. The text details specific performance as an order to fulfil a contractual obligation, often used for unique items like real estate, and discusses the use of injunctions (both prohibitory and mandatory) to prevent or compel certain actions, citing case law concerning employment contracts. Finally, the source differentiates these remedies from indemnities and guarantees, explaining that an indemnity creates a primary obligation for compensation, whereas a guarantee establishes a secondary obligation contingent upon a debtor's default.

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    28 分
  • Contract Law VI: Remedies
    2025/10/14

    A comprehensive overview of the principles governing remedies for a breach of contract, primarily focusing on the calculation and limitations of damages. They explain causation in contract law, differentiating between factual causation (the "but-for" test) and legal causation (no intervening actions). A significant portion addresses the concept of remoteness of damage, detailing the Hadley v Baxendale rule and its two-limb test, which limits recoverable damages to those reasonably foreseeable at the time of contract formation. Furthermore, the texts discuss the duty to mitigate losses, requiring the non-breaching party to take reasonable steps to minimize damages, and introduce contributory negligence as a partial defense in limited scenarios. Finally, the sources outline various types of damages, including expectation loss (measured by cost of cure or loss of bargain) and reliance loss, while also examining non-pecuniary awards for loss of amenity in cases like Jarvis v Swans Tours and the distinction between enforceable liquidated damages clauses and unenforceable penalty clauses.

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    41 分
  • Contract Law V: Termination
    2025/10/13

    A comprehensive SQE overview of the principles and consequences surrounding the termination and discharge of contracts. The first source details various methods of contract ending, including Discharge by Performance, which requires meeting the doctrines of precise and entire performance, and other voluntary or involuntary termination methods like Mutual Agreement or Operation of Law. The second source focuses on Breach of Contract, distinguishing between Actual Breach and Anticipatory Breach, and explains how the classification of a breached term (Condition, Warranty, or Innominate Term) dictates the available remedies. The third source introduces the Doctrine of Frustration, explaining how unforeseen, uncontrollable events can automatically terminate a contract when performance becomes impossible or radically different, and outlines the financial consequences under the Law Reform (Frustrated Contracts) Act 1943. Finally, the fourth source describes the principles of Restitution and Unjust Enrichment, which aim to return parties to their pre-contractual state by preventing one party from unfairly benefiting at the expense of another, particularly when a contract fails or is rescinded.

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    37 分
  • Contract Law IV: Vitiating Factors
    2025/10/12

    A comprehensive SQE overview of several legal doctrines that can affect the validity and enforceability of a contract, primarily focusing on circumstances where consent may be compromised or the contract's purpose is unlawful. Misrepresentation is explained as a false statement of fact that induces a contract, categorized as fraudulent, negligent, or innocent, with different remedies available for each. The sources then detail Mistake, where a fundamental error—such as common, cross-purpose, or unilateral—can render an agreement void because there was no genuine meeting of the minds. Furthermore, the texts explore Duress and Undue Influence, describing how coercion through physical, psychological, or economic threats, or the improper leveraging of a position of trust, makes a contract voidable. Finally, Illegality is covered, clarifying that contracts are unenforceable if their formation or purpose violates statutory law or common law principles, such as public policy or committing a crime.

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    33 分
  • Contract Law III: Contract Terms
    2025/10/11

    A comprehensive overview of contractual terms, examining their formation, incorporation, interpretation, and modification. The materials explain express terms and the various methods for incorporating them, including signature, notice, and reference to other documents, while also discussing the parol evidence rule and its exceptions. A significant portion details implied terms, differentiating between those implied by common law (like the business efficacy test) and those implied by statute, such as the Sale of Goods Act 1979 and the Consumer Rights Act 2015. The sources further classify terms into conditions, warranties, and innominate terms to determine the appropriate remedy for breach, and explain the treatment of exemption clauses under common law and statutory frameworks like UCTA 1977 and CRA 2015. Finally, the texts cover contractual variation, highlighting the need for fresh consideration for both upward and downward changes, and the role of the equitable doctrine of promissory estoppel in enforcing promises lacking consideration.

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    19 分