Fundamental Breach in UK Law
- Fundamental Breach–‐Positively Last Appearance
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What constitutes evidence of poor prison conditions after Aranyosi and Căldăraru? Examining the role of inspection and monitoring bodies in European Arrest Warrant decision-making
The case of Aranyosi and Căldăraru confirms that where prison conditions are so poor as to breach fundamental rights, the non-execution of an European Arrest Warrant is justified. Given the high st...... ... ˘lda˘raru confirms that where prison conditions are so poor as to breach fun-damental rights, the non-execution of an European Arrest Warrant is ... and monitoring bodies.KeywordsEuropean Arrest Warrant, fundamental rights, prison conditions, Aranyosi and Ca˘lda˘raru, mutualtrust, ... ...
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Third Party Liability for Dishonesty Extended
The Privy Council in the recent Brunei decision of Royal Brunei Airlines Sdn Bhd v Tan has widened the liability of third parties who assist in a breach of trust. They will now be liable if they ha...... ... v Tan1 has widened the liability of third parties who assist in a breach of trust. They will now be liable if they have dis-honestly facilitated an otherwise honest breach. This decision is of fundamental importance to pro-fessionals, such as bankers, lawyers and account-ants, ... ...
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Do We Really Need Criminal Sanctions for the Enforcement of EU Law?
This article examines how the ‘essentiality’ requirement can limit the exercise of the EU's criminal law competence under Article 83(2) TFEU. Building on criminological research, and contextual and...... ... entail severe consequ ences for individuals and potentially breach their fundamental f reedoms such a stringent test is justi ed ... ...
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The Continuing Value of Relief for Directors' Breach of Duty
The nature and scope of relief for directors in breach of their duties did not figure prominently in the Steering Group's fundamental review of company law. Little is proposed beyond removing one o...... ... John Lowry n The nature and scope of relief for directors in breach of their duties did not figure prominently in the Steering Group’s fundamental review of company law. Little is proposed beyond removing one of the two pre-conditions for relief laid down in section 727 of the Companies Act ... ...
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Resisting a European Arrest Warrant: A social rights perspective
This article starts from the premise that social rights should be taken seriously in the context of the European Arrest Warrant (EAW). Historically neglected, social rights have slowly gained recog...... ... aspect of the EAW: resisting its execution due to a real risk of a breach of social rights in detention in the issuing Member State. The social ... , mutual recognition, detention conditions, social rights, fundamental rights, European Arrest Warrant, LM , Aranyosi Corresponding author: Ne ... ...
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FUNDAMENTALISM IN CONTRACT
... ... greater emphasis in the future on the rules surrounding breach of contract as opposed to those rules dealing with formation ... , American courts have groped somewhat uncertainly for fundamental principles concerning breach of contract and its effects.2 ... ...
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Reform In The Law Of Contract
... ... to do, and the doctrine of fundarncntal breach. There are three additional rules to mention. REGULATION ... The obligation in respect of storage is fundamental, not absolutely, but only relative to the terms of the ... ...
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The trouble with Tupe.
... ... long construed the "employer's conduct" wording as requiring a fundamental breach of contract on its part before the employee can claim constructive ... ...
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DISCHARGE FOR BREACH AND EXCEPTION CLAUSES SINCE HARBUTT'S “PLASTICINE”
... ... that they might be directed to terms or breaches less than ccfundamental.” It follows, further, that as well as fundamental terms and fundamental breaches, in the pre-Suisse Atlantique‘ sense, conditions and breaches of condition would also be ... ...
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