Book contents
- Frontmatter
- Contents
- Contributors
- Foreword
- Preface
- Acknowledgements
- Table of cases
- Table of statutes
- Table of statutory instruments
- Table of European Union Legislation
- Abbreviations
- 1 Introduction
- 2 Mapping horizontal effect
- 3 Public authorities: what is a hybrid public authority under the HRA?
- 4 Statute law: interpretation and declarations of incompatibility
- 5 Precedent
- 6 Tort design and human rights thinking
- 7 Privacy: the development of breach of confidence – the clearest case of horizontal effect?
- 8 Nuisance
- 9 Defamation
- 10 Discrimination law
- 11 Damages: private law and the HRA – never the twain shall meet?
- 12 Property and housing
- 13 Commercial law
- 14 Restitution
- 15 Insolvency
- 16 Employment law
- 17 Civil procedure: Article 6 – a welcome boost to the development of English procedural law?
- 18 Conclusions
- Index
- References
13 - Commercial law
Published online by Cambridge University Press: 05 November 2011
- Frontmatter
- Contents
- Contributors
- Foreword
- Preface
- Acknowledgements
- Table of cases
- Table of statutes
- Table of statutory instruments
- Table of European Union Legislation
- Abbreviations
- 1 Introduction
- 2 Mapping horizontal effect
- 3 Public authorities: what is a hybrid public authority under the HRA?
- 4 Statute law: interpretation and declarations of incompatibility
- 5 Precedent
- 6 Tort design and human rights thinking
- 7 Privacy: the development of breach of confidence – the clearest case of horizontal effect?
- 8 Nuisance
- 9 Defamation
- 10 Discrimination law
- 11 Damages: private law and the HRA – never the twain shall meet?
- 12 Property and housing
- 13 Commercial law
- 14 Restitution
- 15 Insolvency
- 16 Employment law
- 17 Civil procedure: Article 6 – a welcome boost to the development of English procedural law?
- 18 Conclusions
- Index
- References
Summary
Perception of the content of human rights law is nowadays inevitably moulded by the Convention and its adjectival law. However, the Convention does not purport to deal exclusively with every issue that might be thought to be a matter of human rights and freedoms. In particular, it is broadly concerned with personal integrity (protection of life, liberty, personal security, privacy and property; freedom of conscience, expression and assembly, etc.) rather than with interaction between persons, which is the essence of commercial law.
Entitlement to Convention rights has been held to extend beyond human beings, in particular, to non-natural, corporate persons, who constitute the principal group of persons who are engaged – and created to be engaged – in commercial activities. Thus, companies are regarded as having human rights. The same is true of state trading organisations which operate on a commercial basis independently of their government.
- Type
- Chapter
- Information
- The Impact of the UK Human Rights Act on Private Law , pp. 300 - 320Publisher: Cambridge University PressPrint publication year: 2011
References
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