The University of London (UOL) is recognised as one of the world’s leading academic institutions. Under the External System UOL has since 1858 offered students across the world the opportunity to study for a degree without leaving their home country.
The Bachelor of Laws (LLB) is seen as the clasic law degree and has long been recognised as an international ‘Gold Standard’ for Law degrees. The LLB is managed by the External Laws Committee which includes representatives from Birkbeck, Kimg’s College London; London School of Economics and Political Science; Queen Mary; School of Oriental and African Studies and University College London, which between them represent many of the top Law Schools in the UK.
Students study the LLB for many reasons, with a sizable number of students already possessing a degree.
The degree consists of a total of 12 modules (9 under the Graduate Scheme) which includes:
- Common Law Reasoning and Institutions
(a) The nature of the common law tradition
(b) Sources of law and principles of legal research
(c) Conduct of legal research and retrieval of legal information,
with particular reference to the use of the London online library
and web-based resources
(d) The role and operation of courts
(e) Judicial reasoning in relation to (i) cases, and (ii) statutes
(f) The judiciary and magistracy
(g) The criminal justice process (in outline) and the role of
rights in the process with particular attention to the jury and
the impact of the Human Rights Act.
(h) The civil justice process (in outline) with particular attention
to reform
(i) Legal services and access to justice with particular attention
to the legal profession and legal aid.
- Criminal Law
To develop a sound understanding of the general principles of
criminal liability and an ability to critically analyse the rules
of substantive criminal law.
On completion of this course, students should have an awareness
of the principles of criminal law, a sound working knowledge of
the main criminal offences and defences and the factors affecting
criminal liability. Students will be expected to demonstrate knowledge,
understanding and an ability to apply the rules which make up
the criminal law to problem situations of some legal complexity.
In addition, they will be expected to show that they are able
to express their considered views on whether the aims and objectives
of the criminal law are appropriate in a modern legal system.
- Elements of the Law of Contract
(a) The formation of contracts. Offer and acceptance. Consideration.
Certainty of agreement. Intention to create legal relations. [Note:
Questions will not be set on requirements as to the form of contracts].
(b) The content of the contract. Conditions, warranties and intermediate
terms. Exemption clauses. Implied terms at common law. Collateral
contracts. Statutory implied terms with regard to the quality
of goods sold and goods or services supplied.
(c) Vitiating factors. Mistake. Misrepresentation. Duress and
undue influence.
(d) Illegality and public policy (excluding gaming and wagering).
Contracts illegal at common law. Consequences of illegality. Contracts
in restraint of trade.
(e) Capacity to contract, with particular reference to the capacity
of minors.
(f) Privity of contract (excluding agency and assignment).
(g) Performance and breach. Substantial performance. Repudiation
and anticipatory breach. Discharge by breach. Discharge under
the doctrine of frustration.
(h) Remedies for breach of contract. General principles governing
the assessment of damages. Remoteness of damage. Damages for non-financial
loss. Mitigation. Restitutionary remedies. Liquidated damages
and penalties. Specific performance. [Note: The subject will also
take account of relevant European Union legislation and how this
is applied in the UK].
- Public Law
(a) Introduction. Characteristics of the constitution. Sovereignty
of Parliament. Separation of powers. Rule of Law. Sources of the
constitution. The structure of the United Kingdom. Central government,
devolution and local government.
(b) Parliament. House of Commons: Composition and functions: Electoral
law and reform. Composition and procedure. Functions (i) Legislative
(ii) Financial (iii) Control of the Executive (iv) Role of the
MP as an individual (v) Parliamentary privilege. House of Lords:
Composition and functions.
(c) The Executive and Administration. Crown and the Privy Council.
Prime Minister and the Cabinet. Civil Service. Sources of executive
power including the Royal prerogative. Delegated legislation.
Ministerial responsbility. Control of Executive power: (i) Parliamentary:
Parliamentary Commissioner for Administration. (ii) Judicial:
Judicial review. Remedies.
(d) The European Union. Institutions of the European Union: (i)
The Council (ii) The Commission (iii) The Parliament (iv) The
Court of Justice. Sources of Community law. Community law and
national law. Community primacy and Parliamentary sovereignty.
(e) The citizen and the state. Statutory protection of human rights
in the United Kingdom. European Convention on Human Rights and
the Human Rights Act 1998. Public Order Law. State Security.
- Land Law
(a) General principles. Definition of land. Doctrine of tenures
and estates. Fee simple estates. Legal and equitable rights. Principles
of the 1925 legislation.
(b) Unregistered & registered conveyancing. Land Charges Act
1972. Doctrine of notice. Land Registration Acts. Concept of overreaching.
(c) Settlements and trusts. Trusts of land under the Trusts of
Land and Appointment of Trustees Act 1996. Co-ownership of land.
(d) Landlord and tenant. The term of years absolute. Its nature,
creation, assignment and forfeiture. Enforceability of leasehold
covenants. The lease/license distinction.
(e) Licences. Bare licences. Contractual licences, their revocability
and enforceability against third parties. Proprietary estoppel,
the nature of the doctrine, remedies and enforceability against
third parties.
(f) Easements. Characteristics, creation extinguishment and extent.
(g) Covenants running with freehold land. The common law and equitable
rules relating to the running of the burden and benefit of covenants.
(h) Mortgages. Nature and creation. Position and rights of the
mortgagor. Rights and remedies of the mortgagee. (i) Adverse possession.
- Law of Tort
The scope and function of the law of tort; the bases of liability;
the interests protected by the law of tort; sources of development
of law including the Human Rights Act and the European Convention
on Human Rights. Negligence: the concepts of duty, breach, causation
and remoteness of damage. Negligent infliction of personal injuries;
the assessment of damages. Occupiers' liability; liability of
employers; product liability. Negligent infliction of other physical
damage and of economic loss. Negligent misstatements. Assault,
battery, false imprisonment and other intentional physical harm.
Interference with economic interests: deceit, inducing breach
of contract, intimidation, conspiracy. Nuisance; the principle
in Rylands v Fletcher; liability for animals. Liability under
statutory duties and powers. Defamation. Vicarious liability.
The effect of death on liability. Defences.
- Law of Trusts
(a) Definition and distinction from other legal concepts. Classification
of trusts. Equitable rights and remedies.
(b) Express private trusts. Statutory requirements for creation.
Secret trusts. Incompletely constituted trusts. Certainties of
a trust. Protective trusts. Discretionary trusts. Purpose trusts.
(c) Charitable trusts. Definition. Distinctions from private trusts.
Classification of charitable trusts. Doctrine of cy près.
(d) Implied and resulting trusts. Purchase in the name of another.
Joint purchase and joint accounts. Contributions to purchase price.
Adding value to another’s property. Mutual wills –
both types. Beneficial interest not completely disposed of.
(e) Constructive trusts. General nature. Comparison with proprietary
estoppel. The contractual vendor as a constructive trustee. The
express trustee as a constructive trustee. Trustee profiting from
trust. Remuneration of trustees.
(f) The appointment, retirement and removal of trustees. Delegation
of trustees’ powers and discretion's.
(g) Trustees’ powers and duties. Investment of trust funds.
Maintenance and advancement. Accumulation of income.
(h) Variation of trusts. (i) Remedies for breach of trust. Personal
and proprietary remedies. Tracing.
(j) Trustees’ liability for breach of trust Trustees’
right of indemnity or contribution.
- Jurisprudence and Legal Theory
The nature of jurisprudence: methodology, analysis, theory
and the idea of definition, the relevance of language and ideology.
Legal positivism and its critics: the command theory, Hart-Fuller
debate, Dworkin's criticism of positivism, Kelsen (including the
use of Kelsenian principles in revolution cases), Raz's theory
of law. Moral theory and the law: the history of natural law,
Finnis's natural law theory, liberalism and the Hart-Devlin debate,
moral rights, utilitarianism and its critics, utilitarianism and
the economic analysis of law. Legal reasoning: Dworkin's theory
of law as integrity, Dworkin's methodology, practical reasoning,
Hohfeld's analysis of legal rights. Social theory and critical
accounts of law, including the American Critical Legal Studies
movement, Marxist theories of law and state, feminist jurisprudence.
A study in depth of a text prescribed by the examiners on which
there will be one compulsory question in the examination. For
2005 and 2006 the prescribed text is Hart, HLA, The Concept of
Law (second edition).
Optional modules include:
- Commercial Law
(a) Agency • define the term ‘agent’ •
explain how an agency is created • discuss the scope of
the agent’s authority • explain the rights and obligations
owed by the principal and by the agent to the third party •
explain the rights and obligations owed by the third party to
the principal and to the agent
(b) Sale of goods • discuss the approach taken to interpretation
of the Sale of Goods Act 1979 • analyse the components of
the definition of a contract of sale • explain the circumstances
in which property in goods is passed • identify how risk
is passed • understand the nemo dat rule • discuss
& illustrate the exceptions to nemo dat rule • explain
the duties of the seller to deliver and the buyer to accept goods
• discuss the implied terms in ss.12–15 of the Sale
of Goods Act 1979 • discuss the relationship between the
different implied terms • outline the limits imposed on
attempts by the seller to exclude or restrict liability for breach
of the implied terms • understand and discuss the rules
on acceptance • explain the remedies available to the buyer
and the seller where there is a breach of the sale contract •
explain the use of retention of title clauses and the limits of
such clauses.
(c) International sale contracts • identify the key characteristics
of cif and fob contracts • analyse the distinctions between
cif and fob contracts • discuss the duties of the seller
and buyer under cif and fob contracts • explain the remedies
available to the seller and buyer under cif and fob contracts
• understand the general issues involved in the use of electronic
documentation and the effect of international agreements on the
terms of international sale contracts.
(d) Payment • define and identify the characteristic features
of a documentary credit • explain the significance of the
Uniform Customs and Practice for Documentary Credits (UCP) •
identify the different types of documentary credit • explain
the steps involved in the opening of a credit • analyse
the various contractual relationships • discuss the strict
compliance and autonomy of the credit rules • explain the
rights and obligations of the parties.
- Company Law
(a) The nature of legal personality and lifting the veil of incorporation.
Incidents of corporate personality; differences between incorporated
and unincorporated associations. The rule in Salomon v Salomon
& Co. Ltd and its development.
(b) The formation of the company. The memorandum and articles
of association. Pre-incorporation contracts. The duties and liabilities
of promoters. The requirements for prospectuses and listing particulars
and liabilities for defective prospectuses and listing particulars.
Different types of companies.
(c) The relations between the company and outsiders. The growth
and decline of the doctrines of ultra vires and constructive notice;
the Turquand rule and the application of principles of agency.
The commission of crimes and torts by the company. Vicarious liability
and the Alter Ego doctrine.
(d) The relations between the company and its members and among
the members inter se. The nature of and principles governing the
contract between the company and its members. Different capacities
of members and the relations between one member and another. Alteration
of the contract and remedies for breach.
(e) Management of the company. Directors and other officers. Appointment,
retirement, dismissal, disqualification. Meetings, voting, resolutions.
Division of functions among officers and organs of the company.
(f) Directors duties and the protection of Minority Shareholders.
Statutory duties of directors - including criminalisation of insider
trading - and their enforcement. Common law duties of directors
(fiduciary duties and duty of care and skill) and their enforcement.
The rule in Foss v Harbottle. Statutory remedies for the protection
of minority shareholders. Company disclosure and investigations
by the Department of Trade and Industry.
(g) Corporate Governance. Corporate accountability (stakeholder
v shareholder issues), The corporate governance committees (Cadbury,
Greenbury, Hampel, Turnbull). The Government responses (Higgs
and the Company Law Review Steering Group).
(h) Shares and Debentures. Differences between shares and debentures.
Registration. Different classes of shares. Rights of different
classes and the 7 June, 2007 Raising, maintaining and reducing
the capital of the company. Discounts, premiums, payment of dividends
and purchase by the company of its shares. Financial assistance
for the purchase of its shares.
(j) Winding-up. Types of winding-up; the powers and duties of
the liquidator.
- EU Law
In England and Wales, the Solicitors Regulation Authority and
Bar Standards Board require students who registered in or after
September 2001 to pass EU law in order to obtain a Qualifying
Law Degree.
(a) EU Institutions (i) The Framework Treaties (ii) Basic institutions
(b) Constitutional and Administrative Law (i) Legislative acts
and processes (ii) Judicial remedies and judicial review (iii)
EU law and national law
(c) Impact on business enterprises (i) Free movement of goods
(ii) Competition policy
(d) Effect on individuals (i) Free movement of workers (ii) Freedom
of establishment and services (iii) Freedom from discrimination
(e) Completion of the internal market
- Intellectual Property
(a) Categories of intellectual property rights: the subject matter
of intellectual property; the justification for each type of right;
absolute and relative monopolies; absence of common law protection
against unfair competition.
(b) Sources of intellectual property law international conventions,
EU Directives, statute, EU and UK case law, decisions of the EPO
and UK Patent Offices, decisions of OHIM and the UK Trade Marks
Registry.
(c) Remedies: for the enforcement of intellectual property rights.
(d) Confidential information: the theoretical basis of the action
for breach of confidence; the requirements for liability; the
position of employees, ex-employees and involuntary recipients;
defences and remedies.
(e) Copyright: Copyright, Designs and Patents Act 1988: the definition
of copyright and the idea/expression dichotomy; nature and types
of protected works; originality; creation and ownership of works;
qualification for protection under the Act; duration of rights;
infringement; defences to infringement; the author’s moral
rights.
(f) Industrial designs: historical context; the exclusion of certain
artistic works from copyright protection; creation and content
of the unregistered design right; relationship with Registered
Designs Act 1949.
(g) Common law protection for trade marks: the tort of passing
off; requirements for liability; forms of passing off; character,
personality and image merchandising; the position of the foreign
claimant.
(h) Registered trade marks: the Trade Marks Act 1994 and the First
Trade Marks Directive 1989; definition, nature and functions of
a trade mark; obtaining registration; absolute and relative grounds
for refusal of registration; revocation and invalidity; licensing
of trade marks; infringement and defences, including comparative
advertising and exhaustion of rights.
(i) Patents: impact of the European Patent Convention on the interpretation
of the Patents Act 1977; applying for a patent; the role of the
specification and claims; the skilled addressee; types of patent
(process & product patents); requirements of patentability,
including novelty, inventive step, industrial application; exceptions
to and exclusions from patentability; ownership of patents and
employee inventions; revocation; infringement, including categories
of infringing act, defences and claim interpretation.
With the exception of Research Project/Dissertation all modules
are assessed by means of a 3 hour written examination.
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