Ny Kolo) ) 0) 50) uae). eae WHAT ABOUT LAW? Sala Ice CANALES OLE Catherine Barnard, Janet foycriitnen and Graham Virgo Spee SRContents Foreword Preface Acknowledgements List of Contributors 1 Introduction to Law Catherine Barnard, Graham Virgo and Janet O Sullivan STARTING TO THINK ABOUT LAW THE TOOLS LEGAL METHOD INTERPRETATION IMAGINATION GENERALISATION POLICY UNDERPINNING THE RULE ONE FINAL EXAMPLE CONCLUSIONS 2 Criminal Law Graham Virgo THE ELEMENTS OF A CRIME THE REASONS FOR PUNISHMENT REASONS FOR CHARACTERISING CONDUCT AS CRIMINAL FACTS OF BROWN THE KEY OFFENCES THE ISSUE IN BROWN APPLICATION OF THE DECISION THE DISSENTING JUDGES THEORY: AUTONOMY VERSUS WELFARE SUBSEQUENT EVENTS: MOTIVE AND RISK. vi viii xiii wee wre BSeas uae & 40 40 2 46 49 30 31x Contents HUMAN RIGHTS LAW REFORM CONCLUSIONS, Law of Contract Janet O'Sullivan INTRODUCTION SOME CRUCIAL IDEAS ABOUT CONTRACTUAL REMEDIES THE CASE THE HOUSE OF LORDS DECISION IN MORE DETAIL WHAT HAS HAPPENED SINCE RUXLEY? WHAT IF THE BUILDER HAD SAVED MONEY BY BREACHING THE CONTRACT? CONCLUSION Tort Tony Weir THE MOST FAMOUS TORT CASE THE ‘DUTY’ QUESTION THE KIND OF HARM DAMAGE AND LOSS RECOVERY FOR PURE FINANCIAL HARM APPLICATION IN McFARLANE FAIR, JUST AND REASONABLE THE REASONS GIVEN IN McFARLANE THE SPEECH OF LORD STEYN. DISTRIBUTIVE JUSTICE PSYCHIATRIC HARM EFFECT ON THIRD PARTIES TORT AS DETERRENCE DETERRENCE AND COMPENSATION TWO RECENT CASES STATUTES AND JUDGE-MADE LAW THE EFFECT OF McFARLANE DAMAGE AND THE INVASION OF RIGHTS THE UNWANTED BABY ABROAD CONCLUSION