Elizabeth A Martin - Oxford Dictionary of Law, 5th Ed. (2003)

frustration of contract The unforeseen termination of a contract as a result of an event that either renders its performance impossible or illegal or prevents its main purpose from being achieved. Frustration would, for example, occur if the goods specified in a sale of goods contract were destroyed (impossibility of performance); if the outbreak of a war caused one party to become an enemy alien (illegality); or if X were to hire a room from Y with the object (known to Y) of viewing a procession and the procession was cancelled (failure of main purpose). Unless specific provision for the frustrating event is made, a frustrated contract is automatically discharged and the position of the parties is, in most cases, governed by the Law Reform (Frustrated Contracts) Act 1943. Money paid before the event can be recovered and money due but not paid ceases to be payable. However, a party who has obtained any valuable benefit under the contract must pay a reasonable sum for it. The Act does not apply to certain contracts for the sale of goods, contracts for the carriage of goods by sea, or contracts of insurance.

fugitive offender A person present in the UK who is accused of committing an offence in a Commonwealth country or a dependent territory of the UK and is liable to be surrendered for trial under the Fugitive Offenders Act 1967.The requirements for surrender are similar to those for *extradition to a foreign state, except that no treaty is involved.

full age See MAJORITY.

full powers A document produced by the competent authorities of a state designating a person (or body of persons) to represent the state for negotiating, adopting, or authenticating the text of a *treaty, for expressing the consent of the state to be bound by a treaty, or for accomplishing any other act with respect to a treaty. See also SIGNATURE OF TREATY.

full representation See COMMUNITY LEGAL SERVICE.

fully mutual housing association A housing association whose rules restrict membership to people who are tenants or prospective tenants of the association and prevent the granting or assigning of tenancies to those who are not members. Fully mutual housing associations are exempt from the *assured tenancy provisions.

fundamental breach See BREACH OF CONTRACT; INNOMINATE TERMS.

funeral expenses The reasonable cost of a deceased person's burial, which is the first priority for payment from his estate.

furnished tenancy See ASSURED TENANCY; PROTECTED TENANCY.

future goods Goods to be manufactured or acquired by a seller after a contract of sale has been made. Future goods must be distinguished as the subject of a contract of sale from existing goods, which are owned or possessed by a seller.

future interest Any right to property that does not take effect immediately. An example is B's interest in property held in trust for A for life and then for B. Under the Law of Property Act 1925 future interests in land (with the exception of *future leases) can exist as equitable interests only and not as legal estates.

future lease A lease that confers on the tenant the right to possession of land only from a specified future time. A lease, or contract to grant a lease, that is made in consideration of a capital payment or a rent and will take effect more than 21 years after its commencement is void under the Law of Property Act 1925. Subject to this, a future lease can qualify as a legal estate in land

Ci

game n. Wild animals or birds hunted for sport or food. The Game Acts define these as including hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards. The right to game belongs basically to the occupier, although in leases it is frequently reserved to the landlord rather than the tenant. See also POACHING.

gaming (gambling) n. Playing a game in order to win money or anything else of value, when winning depends on luck. There are various restrictions upon gaming, dependmg on whether It takes place in controlled (i.e. licensed or registered) or uncontrolled premises. If the premises are uncontrolled, it is illegal to playa game that involves playing against a bank or a game in which each player does not have an equal chance or the chance of winning is weighted in favour of someone other than the players (e.g. a promoter or organizer), unless the game takes place in a private house in the course of ordinary family life. Thus one cannot play roulette with a zero in uncontrolled premises, but one may play such games as bridge, whist, poker, or cribbage. It is also illegal (subject to one or two exceptions) to game when a charge is made for the gaming or a levy is charged on the winnings. Gaming in any street or any place to which the public has access is illegal, except for dominoes, cribbage, or any game specially authorized in a pub (provided the participants are over 18). If the premises are controlled (either by the grant of a licence or by registration as a gammg club), the restrictions applying to uncontrolled premises apply unless they have been permitted by regulation. Thus casino-type games may be played on controlled premises for commercial profit if permission has been obtained, but only by members of licensed or registered clubs and their guests. There are also restrictions relating to playing on Sundays, and no one under 18 may be present when gaming takes place. It is illegal to use, sell, or maintain gaming machines without a certificate or licence.

gaming contract A contract involving the playing of a game of chance by any number of people for money or money's worth. A wagering contract is one involvi.ng two parties only, each of whom stands to win or lose something of value accordmg to the result of some future event (e.g.a horse race) or to which of them is correct about some past or present fact; neither party can have any interest in the contract except his stake. In general, gaming and wagering contracts are by statute

null and void and no action can be brought to recover any money paid or won under them.

garden leave clause A clause in an employment contract that provides for a long period of notice by the employer, during which the employee will be remunerated in full but will not be required to attend at the workplace. The use of such clauses is increasing by employers wishing to safeguard trade secrets or, more Importantly, prevent a highly skilled employee from leaving to undertake work for a rival firm. An employee wishing to leave, or one who has been head-hunted, could be required to serve 'garden leave' for a period of up to one year in order to lawfully terminate his existing contract. Throughout the period of garden leave an employee will be subject to all the normal contractual restraints. Management sees the use of such clauses as an expensive, but reliable and enforceable, alternative to traditional *restraint of trade clauses. Moreover, these clauses may be enforced by

more direct control over the *interim (interlocutory) proceedings in such cases than is normal. Compare

guarantee n. 1. A secondary agreement in which a person (the guarantor) is liable for the debt or default of another (the principal debtor), who is the party primarily liable for the debt. A guarantee requires an independent *consideration and must be evidenced in writing. A guarantor who has paid out on his guarantee has a right to be indemnified by the principal debtor. Compare INDEMNITY. 2. See WARRANTY.

guarantee company See LIMITED COMPANY.

guarantee payment Under the Employment Rights Act 1996,the sum that an employer must pay to an employee for whom he is unable to provide work during the whole of any working day or shift. However, an employee is not entitled to a guarantee payment if he is laid off because of industrial action affecting his own or an associated employer, if he unreasonably refuses other suitable work, or if he fails to comply with the employer's reasonable requirements for ensuring that he is available for work if and when needed. Generally, employees only become entitled to a guarantee payment after four weeks' *continuous employment in the business; one employed for a specific task that is not expected to last more than 12 weeks and one having a fixed-term employment contract of a year or less do not qualify at all. The payment is limited to the employee's basic wage for the relevant shift, subject to a maximum prescribed by regulations made by the Secretary of State for Work and Pensions and reviewed annually. An employee is not entitled to more than five guarantee payments in any period of three months. The statutory payment is offset by any amount payable to the employee under his employment contract while he is laid off. An employee may complain to an employment tribunal if his employer fails to pay him any sum due as a guarantee payment, and the tribunal can order the employer to pay the sum due.

guard dog A dog kept specifically for the purpose of protecting people, property, or someone who is guarding people or property. Under the Guard Dogs Act 1975 it is a summary offence punishable by fine to use a guard dog, or to allow its use, unless either it is secured and cannot roam the premises freely or a handler is controlling it. The Act does not, however, affect civil liability for injuries or damage caused by the dog, which depends on the law of tort (see CLASSIFICATION OF ANIMALS). In some cases the owner may be criminally liable for injury caused by a guard dog; for example, if it kills someone, the owner may be guilty of manslaughter by gross negligence or of constructive *manslaughter. See also DANGEROUS ANIMALS.

guardian n. One who is formally appointed to look after a child's interests when the parents of the child do not have *parental responsibility for him or have died. Appointment can be made either by the courts during *family proceedings, if it is considered necessary for the child's welfare, or privately by any parent with parental responsibility. Under the Children Act 1989 a private appointment does not have to be by deed or will but merely made in writing, dated, and signed by the person making it. A guardian automatically assumes parental responsibility for the child.

guardian ad litem See CHILDREN'S GUARDIAN.

guardianship order An order, made under the Mental Health Act 1983,placing a person over the age of 16 who has been convicted of an offence and who is suffering from any of certain types of mental illness under the guardianship of a local social services authority or an approved person. It has been proposed by the Law

Commission that it should no longer be possible to appoint an individual as guardian.

guillotine n. A House of Commons procedure for speeding up the passing of legislation: a means whereby government can control the parliamentary timetable and limit debate. The number of days allowed for a Bill's Committee and Report stages is limited by an allocation-of-time order moved by the government; the total time available is then allotted between particular portions of the Bill. When the time limit for any portion is reached, debate on it ceases and all outstanding votes are taken forthwith. Compare CLOSURE.

guilty ad). 1. An admission in court by an accused person that he has committed the offence with which he is charged. If there is more than one charge he may plead guilty to some and *not guilty to others. 2. A *verdict finding that the accused has committed the offence with which he was charged or some other offence of which he can be convicted on the basis of the evidence in the case. See also CONVICTION.

guilty knowledge The knowledge of facts or circumstances required for a person to have *mens rea for a particular crime. Knowledge is usually actual knowledge, but when a person deliberately ignores facts that are obvious, he is sometimes considered to have "constructive" knowledge.

guilty mind See MENS REA.

gunboat diplomacy The settling of disputes with weaker states by the threat of *use of force. The phrase derives from the Victorian colonial empire, in which gunboats and other naval vessels were often utilized in order to coerce local rulers to accept the terms and trade of British merchants.

gypsy n. See GIPSY.

hard law See SOFT LAW.

harmonization of laws The process by which member states of the EU make changes in their national laws, in accordance with *Community legislation, to produce uniformity, particularly relating to commercial matters of common interest. The Council of the European Union has, for example, issued directives on the harmonization of company law and of units of measurement. Compare

APPROXIMATION OF LAWS.

hay bote See ESTOVERS.

headings pl. n. Words prefixed to sections of a statute. They are treated in the same way as *preambles and may be used to assist in resolving an ambiguity.

Health and Safety Commission A body responsible for furthering the general purposes of the Health and Safety at Work Act 1974,for example by advising and promoting research and training. It also appoints a Health and Safety Executive, which shares with local authorities responsibility for enforcing the Act and operates for this purpose through such inspectorates as the Factories and Nuclear Installations Inspectorates. See also

Health Authority A body through which the health service is administered and supplied at district level. Health Authorities came into being in April 1996 with the merger of the District Health Authorities and the Family Health Service Authorities (see NATIONAL HEALTH SERVICE), with the aim of ensuring better coordination of purchasing across primary and secondary health care. They are responsible for developing strategies to improve health and for securing a wide range of health-care services for their populations.

health records Records kept by the National Health Service about patients. Under the Access to Health Records Act 1990,from 1 November 1991most patients were given the right to see their health records. The patient does not have to give a reason for wanting access and can authorize someone else, such as his solicitor, to obtain access on his behalf. It is a policy of the Department of Health that individuals are permitted to see what has been written about them and that healthcare providers should make arrangements to allow patients to see, if they wish, records other than those covered by the 1990 Act. This Act has been amended by the Data Protection Act 1998 (see also

Health Service Commissioners Commissioners (one each for England and Wales) instituted by the National Health Service Reorganization Act 1973.They investigate complaints by members of the public of hardship or injustice suffered through failure in a health-care service and other cases of maladministration by a *Health Authority. They also now investigate complaints about general practitioners, dentists, pharmacists, and opticians. Complaints must be made directly to a Commissioner within one year of the date on which the matter first came to the complainant's notice. Certain matters (e.g.alleged professional negligence) are excluded from investigation. Both offices are in practice held by the *Parliamentary Commissioner for Administration.

hearing n. The trial of a case before a court. Hearings are usually in public but the public may be barred from the court in certain circumstances (see IN CAMERA).

Hearing Officer An officer of the *European Court of Justice whose role was established in 1982 after criticism of the administrative nature of the decisionmaking process of the Commission in *competition law cases. His terms of reference were published in the Commission's XXth Report on Competition Policy.

He organizes and chairs hearings, decides the date, duration, and place of hearings, seeks to ensure protection of the interests of defendants, and supervises the preparation of minutes of hearings. He will, in addition, prepare his own report of a hearing and make recommendations as to the future conduct of the matter.

hearsay evidence Evidence of the statements of a person other than the witness who is testifying and statements in documents offered to prove the truth of what was asserted. In general, hearsay evidence is inadmissible (the rule against hearsay) but this principle is subject to numerous exceptions. In civil cases, the Civil Evidence Act 1995 abolished the rule against hearsay. The 1995 Act provides that what in civil litigation would formerly have been called "hearsay evidence" may be used when a notice of the intention to reply on that evidence is given. It is for the court to decide at trial what weight to put on any particular evidence, whether it is hearsay or not. At common law, there are numerous exceptions applicable to both civil and criminal cases, e.g. *declarations of deceased persons, evidence given in former trials, *depositions, *admissions, and *confessions. Some exceptions apply only to criminal cases, e.g. *dying declarations and statements admitted under the Criminal Justice Act 1988 (which makes most first-hand hearsay and certain business documents

admissible). See also ADMISSIBILITY OF RECORDS; ORIGINAL EVIDENCE.

hedgerow n. A row of shrubs or small trees bordering a field or lane. Hedging of ancient origin is protected under the Hedgerow Regulations 1997. Farmers are required to notify local authorities of their intention to uproot a hedgerow, allowing time for a protection order to be issued; the notification period is currently 42 days. Failure to comply with the regulations is punishable by an unlimited fine.

heir n. Before 1926, the person entitled under common law and statutory rules to inherit the freehold land of one who died intestate. The Administration of Estates Act 1925 abolished these rules of descent and the concept of heirship, except that *entailed interests and in certain rare cases the property of mental patients devolve according to the old rules. In addition, the Law of Property Act 1925 provides that a conveyance of property in favour of the heir of a deceased person conveys it to the person who would be the heir under the old rules. Where these exceptions apply, an heir apparent is the person (e.g. an eldest son) who will inherit provided that he outlives his ancestor; an heir presumptive is an heir (e.g. a daughter) whose right to inherit may be lost by the birth of an heir with greater priority (e.g. a son). See also

HEIRS OF THE BODY.

heir apparent See HEIR.

heirloom n. A *chattel that, by custom or close association with land, passed on the owner's death with his house to his heir and did not form part of his residuary estate. Heirlooms now pass to the deceased's personal representatives unless special provision is made for them to pass to the heir direct. When heirlooms are held, together with land, under a settlement, the *tenant for life is entitled under the Settled Land Act 1925 to sell the heirlooms. The price is payable to the trustees as *capital money.

heir presumptive See HEIR.

heirs of the body Lineal descendants who were entitled to inherit freehold land under the rules applying on intestacy before the Administration of Estates Act 1925. A conveyance of land "to A and the heirs of his body" creates an *entailed interest that devolves to descendants only, according to the old rules. Thus (1) males are first in priority and the principle of primogeniture applies, e.g. an older son is preferred