The trial: how procedure shapes substance

The rules and the principles of the common law are formed from the cases decided in courts of common law. The unique nature of the evolution of the common law has long been the subject of study. Less frequently studied has been the impact of procedure upon the development of substantive law. This paper examines how the procedures applicable to the trial of a case can affect the substance of the resulting decision. The focus of the examination is the decision in Bell v Lever Bros [1932] AC 161. While the case has long been regarded as a leading, albeit confusing, contract law case it is also greatly concerned with the conduct of litigation. This paper argues that the substantive decision was largely determined by the civil procedure available. Different rules of civil procedure, it is suggested, would have resulted in a better decision in the English law of contract.

Earl of Aylesford v Morris (1873)

A Characteristic of a landmark case is that it stands for a proposition of law. In Earl of Aylesford v Morris,1 Lord Selborne held that where there existed an inequality between contracting parties, with weakness on one side and an extortionate advantage taken of that weakness on the other, the contract could not stand unless the party claiming the benefit of the contract could rebut the presumption by establishing that the transaction was ‘fair, just and reasonable’. This chapter examines the historical circumstances behind the formulation of this proposition.

Taylor v Caldwell (1863)

A Landmark Case is one which stands out from other less remarkable cases. Landmark status is generally accorded because the case marks the beginning or the end of a course of legal development. Taylor v Caldwell is regarded as a landmark case because it marks the beginning of a legal development: the introduction of the doctrine of frustration into English contract law. This chapter explores the legal and historical background to the case to ascertain if it is a genuine landmark. A closer scrutiny reveals that while the legal significance of the case is exaggerated, the historical significance of the cases reveals an unknown irony: the case is a suitable landmark to the frustration of human endeavours. While the existence of the Surrey Music Hall was brief, it brought insanity, imprisonment, bankruptcy and death to its creators.

Healable supramolecular polymers

This mini-review details the recent development of self-healing and mendable polymeric materials which take advantage of the reversible characteristics of non-covalent interactions during their physical recovery process. Supramolecular polymer systems which undergo spontaneous (autonomous) healing, as well as those which require external stimuli to initiate the healing process (healable/mendable), are introduced and discussed. Supramolecular polymers offer key advantages over alternative approaches, as these materials can typically withstand multiple healing cycles without substantial loss of performance, as a consequence of the highly directional and fully reversible non-covalent interactions present within the polymer matrix.

Urea organogelators: synthesis and properties

A series of aromatic ureas have been synthesised and found to exhibit strong gelation or even supergelation characteristics in organic solvents to afford colourless or translucent gel materials. The synthesis of these materials, assessment of their gelation characteristics and rheological properties are reported in this paper.

Some results from an intercomparison of the climates simulated by 14 atmospheric general circulation models

Some climatological information from 14 atmospheric general circulation models is presented and compared in order to assess the ability of a broad group of models to simulate current climate. The quantities considered are cross sections of temperature, zonal wind, and meridional stream function together with latitudinal distributions of mean sea level pressure and precipitation rate. The nature of the deficiencies in the simulated climates that are common to all models and those which differ among models is investigated; the general improvement in the ability of models to simulate certain aspects of the climate is shown; consideration is given to the effect of increasing resolution on simulated climate; and approaches to understanding and reducing model deficiencies are discussed. The information presented here is a subset of a more voluminous compilation which is available in report form (Boer et al., 1991). This report contains essentially the same text, but results from all 14 models are presented together with additional results in the form of geographical distributions of surface variables and certain difference statistics.