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HVAC
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This article is about heating, ventilation, and air conditioning; HVAC may also stand for high-voltage alternating current.
"Climate control" redirects here. For efforts to reduce changes to Earth's climate, see Climate change mitigation.
Rooftop HVAC unit with view of fresh air intake vent.
Ventilation duct with outlet diffuser vent. These are installed throughout a building to move air in or out of a room.
The control circuit in a household HVAC installation. The wires connecting to the blue terminal block on the upper-right of the board lead to the thermostat. The fan enclosure is directly behind the board, and the filters can be seen at the top of the image. The safety interlock switch is at the bottom left.
Heating, ventilation, and air conditioning (HVAC)[1] is the technology of indoor and vehicular environmental comfort. Its goal is to provide thermal comfort and acceptable indoor air quality. HVAC system design is a subdiscipline of mechanical engineering, based on the principles of thermodynamics, fluid mechanics, and heat transfer. Refrigeration is sometimes added to the field's abbreviation as HVAC&R or HVACR, or ventilating is dropped, as in HACR (as in the designation of HACR-rated circuit breakers).
HVAC is an important part of residential structures such as single family homes, apartment buildings, hotels and senior living facilities, medium to large industrial and office buildings such as skyscrapers and hospitals, on ships and submarines, and in marine environments, where safe and healthy building conditions are regulated with respect to temperature and humidity, using fresh air from outdoors.
Ventilating or ventilation (the V in HVAC) is the process of exchanging or replacing air in any space to provide high indoor air quality which involves temperature control, oxygen replenishment, and removal of moisture, odors, smoke, heat, dust, airborne bacteria, carbon dioxide, and other gases. Ventilation removes unpleasant smells and excessive moisture, introduces outside air, keeps interior building air circulating, and prevents stagnation of the interior air.
Ventilation includes both the exchange of air to the outside as well as circulation of air within the building. It is one of the most important factors for maintaining acceptable indoor air quality in buildings. Methods for ventilating a building may be divided into mechanical/forced and natural types.[2]
Contents
[hide]
1 Overview
1.1 Individual systems
1.2 District networks
2 History
3 Heating
3.1 Generation
3.2 Distribution
3.2.1 Water / steam
3.2.2 Air
3.3 Dangers
4 Ventilation
4.1 Mechanical or forced ventilation
4.2 Natural ventilation
4.2.1 Airborne diseases
5 Air conditioning
5.1 Refrigeration cycle
5.2 Free cooling
5.3 Packaged vs. split system
5.4 Dehumidification
5.5 Maintenance
6 Energy efficiency
6.1 Heating energy
6.2 Ground source heat pump
6.3 Ventilation energy recovery
6.4 Air conditioning energy
7 Air filtration and cleaning
7.1 Clean air delivery rate and filter performance
8 HVAC industry and standards
8.1 International
8.2 North America
8.2.1 United States
8.3 Europe
8.3.1 United Kingdom
8.4 Australia
8.5 Asia
8.5.1 Philippines
8.5.2 India
9 See also
10 References
11 Further reading
Overview[edit]
The three central functions of heating, ventilation, and air conditioning are interrelated, especially with the need to provide thermal comfort and acceptable indoor air quality within reasonable installation, operation, and maintenance costs. HVAC systems can be used in both domestic and commercial environments. HVAC systems can provide ventilation, and maintain pressure relationships between spaces. The means of air delivery and removal from spaces is known as room air distribution.[3]
Individual systems[edit]
In modern buildings, the design, installation, and control systems of these functions are integrated into one or more HVAC systems. For very small buildings, contractors normally estimate the capacity and type of system needed and then design the system, selecting the appropriate refrigerant and various components needed. For larger buildings, building service designers, mechanical engineers, or building services engineers analyze, design, and specify the HVAC systems. Specialty mechanical contractors then fabricate and commission the systems. Building permits and code-compliance inspections of the installations are normally required for all sizes of building.
District networks[edit]
Although HVAC is executed in individual buildings or other enclosed spaces (like NORAD's underground headquarters), the equipment involved is in some cases an extension of a larger district heating (DH) or district cooling (DC) network, or a combined DHC network. In such cases, the operating and maintenance aspects are simplified and metering becomes necessary to bill for the energy that is consumed, and in some cases energy that is returned to the larger system. For example, at a given time one building may be utilizing chilled water for air conditioning and the warm water it returns may be used in another building for heating, or for the overall heating-portion of the DHC network (likely with energy added to boost the temperature).[4][5][6]
Basing HVAC on a larger network helps provide an economy of scale that is often not possible for individual buildings, for utilizing renewable energy sources such as solar heat,[7][8][9] winter's cold,[10] the cooling potential in some places of lakes or seawater for free cooling, and the enabling function of seasonal thermal energy storage.
History[edit]
See also: Air conditioning § History
HVAC is based on inventions and discoveries made by Nikolay Lvov, Michael Faraday, Willis Carrier, Edwin Ruud, Reuben Trane, James Joule, William Rankine, Sadi Carnot, and many others.[11]
Multiple inventions within this time frame preceded the beginnings of first comfort air conditioning system, which was designed in 1902 by Alfred Wolff (Cooper, 2003) for the New York Stock Exchange, while Willis Carrier equipped the Sacketts-Wilhems Printing Company with the process AC unit the same year.[12]
The invention of the components of HVAC systems went hand-in-hand with the industrial revolution, and new methods of modernization, higher efficiency, and system control are constantly being introduced by companies and inventors worldwide.
Heating[edit]
Main article: Central heating
"Heater" redirects here. For other uses, see Heater (disambiguation).
Heaters are appliances whose purpose is to generate heat (i.e. warmth) for the building. This can be done via central heating. Such a system contains a boiler, furnace, or heat pump to heat water, steam, or air in a central location such as a furnace room in a home, or a mechanical room in a large building. The heat can be transferred by convection, conduction, or radiation.
Generation[edit]
Central heating unit
Heaters exist for various types of fuel, including solid fuels, liquids, and gases. Another type of heat source is electricity, normally heating ribbons composed of high resistance wire (see Nichrome). This principle is also used for baseboard heaters and portable heaters. Electrical heaters are often used as backup or supplemental heat for heat pump systems.
The heat pump gained popularity in the 1950s in Japan and the United States.[13] Heat pumps can extract heat from various sources, such as environmental air, exhaust air from a building, or from the ground. Initially, heat pump HVAC systems were only used in moderate climates, but with improvements in low temperature operation and reduced loads due to more efficient homes, they are increasing in popularity in cooler climates.
Distribution[edit]
Water / steam[edit]
In the case of heated water or steam, piping is used to transport the heat to the rooms. Most modern hot water boiler heating systems have a circulator, which is a pump, to move hot water through the distribution system (as opposed to older gravity-fed systems). The heat can be transferred to the surrounding air using radiators, hot water coils (hydro-air), or other heat exchangers. The radiators may be mounted on walls or installed within the floor to produce floor heat.
The use of water as the heat transfer medium is known as hydronics. The heated water can also supply an auxiliary heat exchanger to supply hot water for bathing and washing.
Air[edit]
Warm air systems distribute heated air through duct work systems of supply and return air through metal or fiberglass ducts. Many systems use the same ducts to distribute air cooled by an evaporator coil for air conditioning. The air supply is normally filtered through air cleaners to remove dust and pollen particles.
Dangers[edit]
The use of furnaces, space heaters, and boilers as a method of indoor heating could result in incomplete combustion and the emission of carbon monoxide, nitrogen oxides, formaldehyde, volatile organic compounds, and other combustion byproducts. Incomplete combustion occurs when there is insufficient oxygen; the inputs are fuels containing various contaminants and the outputs are harmful byproducts, most dangerously carbon monoxide, which is a tasteless and odorless gas with serious adverse health effects.[14]
Without proper ventilation, carbon monoxide can be lethal at concentrations of 1000 ppm (0.1%). However, at several hundred ppm, carbon monoxide exposure induces headaches, fatigue, nausea, and vomiting. Carbon monoxide binds with hemoglobin in the blood, forming carboxyhemoglobin, reducing the blood's ability to transport oxygen. The primary health concerns associated with carbon monoxide exposure are its cardiovascular and neurobehavioral effects. Carbon monoxide can cause atherosclerosis (the hardening of arteries) and can also trigger heart attacks. Neurologically, carbon monoxide exposure reduces hand to eye coordination, vigilance, and continuous performance. It can also affect time discrimination.[15]
Ventilation[edit]
Main article: Ventilation (architecture)
Ventilation is the process of changing or replacing air in any space to control temperature or remove any combination of moisture, odors, smoke, heat, dust, airborne bacteria, or carbon dioxide, and to replenish oxygen. Ventilation includes both the exchange of air with the outside as well as circulation of air within the building. It is one of the most important factors for maintaining acceptable indoor air quality in buildings. Methods for ventilating a building may be divided into mechanical/forced and natural types.[16]
Mechanical or forced ventilation[edit]
HVAC ventilation exhaust for a 12-story building
Mechanical, or forced, ventilation is provided by an air handler (AHU) and used to control indoor air quality. Excess humidity, odors, and contaminants can often be controlled via dilution or replacement with outside air. However, in humid climates more energy is required to remove excess moisture from ventilation air.
Kitchens and bathrooms typically have mechanical exhausts to control odors and sometimes humidity. Factors in the design of such systems include the flow rate (which is a function of the fan speed and exhaust vent size) and noise level. Direct drive fans are available for many applications, and can reduce maintenance needs.
Ceiling fans and table/floor fans circulate air within a room for the purpose of reducing the perceived temperature by increasing evaporation of perspiration on the skin of the occupants. Because hot air rises, ceiling fans may be used to keep a room warmer in the winter by circulating the warm stratified air from the ceiling to the floor.
Natural ventilation[edit]
Ventilation on the downdraught system, by impulsion, or the 'plenum' principle, applied to schoolrooms (1899)
Natural ventilation is the ventilation of a building with outside air without using fans or other mechanical systems. It can be via operable windows, louvers, or trickle vents when spaces are small and the architecture permits. In more complex schemes, warm air is allowed to rise and flow out high building openings to the outside (stack effect), causing cool outside air to be drawn into low building openings. Natural ventilation schemes can use very little energy, but care must be taken to ensure comfort. In warm or humid climates, maintaining thermal comfort solely via natural ventilation might not be possible. Air conditioning systems are used, either as backups or supplements. Air-side economizers also use outside air to condition spaces, but do so using fans, ducts, dampers, and control systems to introduce and distribute cool outdoor air when appropriate.
An important component of natural ventilation is air change rate or air changes per hour: the hourly rate of ventilation divided by the volume of the space. For example, six air changes per hour means an amount of new air, equal to the volume of the space, is added every ten minutes. For human comfort, a minimum of four air changes per hour is typical, though warehouses might have only two. Too high of an air change rate may be uncomfortable, akin to a wind tunnel which have thousands of changes per hour. The highest air change rates are for crowded spaces, bars, night clubs, commercial kitchens at around 30 to 50 air changes per hour.[17]
Room pressure can be either positive or negative with respect to outside the room. Positive pressure occurs when there is more air being supplied than exhausted, and is common to reduce the infiltration of outside contaminants.[18]
Airborne diseases[edit]
Natural ventilation is a key factor in reducing the spread of airborne illnesses such as tuberculosis, the common cold, influenza and meningitis. Opening doors, windows, and using ceiling fans are all ways to maximize natural ventilation and reduce the risk of airborne contagion. Natural ventilation requires little maintenance and is inexpensive.[19]
Air conditioning[edit]
Main article: Air conditioning
An air conditioning system, or a standalone air conditioner, provides cooling and humidity control for all or part of a building. Air conditioned buildings often have sealed windows, because open windows would work against the system intended to maintain constant indoor air conditions. Outside, fresh air is generally drawn into the system by a vent into the indoor heat exchanger section, creating positive air pressure. The percentage of return air made up of fresh air can usually be manipulated by adjusting the opening of this vent. Typical fresh air intake is about 10%.
Air conditioning and refrigeration are provided through the removal of heat. Heat can be removed through radiation, convection, or conduction. Refrigeration conduction media such as water, air, ice, and chemicals are referred to as refrigerants. A refrigerant is employed either in a heat pump system in which a compressor is used to drive thermodynamic refrigeration cycle, or in a free cooling system which uses pumps to circulate a cool refrigerant (typically water or a glycol mix).
Refrigeration cycle[edit]
Main article: Refrigeration cycle
A simple stylized diagram of the refrigeration cycle: 1) condensing coil, 2) expansion valve, 3) evaporator coil, 4) compressor
The refrigeration cycle uses four essential elements to cool.
The system refrigerant starts its cycle in a gaseous state. The compressor pumps the refrigerant gas up to a high pressure and temperature.
From there it enters a heat exchanger (sometimes called a condensing coil or condenser) where it loses energy (heat) to the outside, cools, and condenses into its liquid phase.
An expansion valve (also called metering device) regulates the refrigerant liquid to flow at the proper rate.
The liquid refrigerant is returned to another heat exchanger where it is allowed to evaporate, hence the heat exchanger is often called an evaporating coil or evaporator. As the liquid refrigerant evaporates it absorbs energy (heat) from the inside air, returns to the compressor, and repeats the cycle. In the process, heat is absorbed from indoors and transferred outdoors, resulting in cooling of the building.
In variable climates, the system may include a reversing valve that switches from heating in winter to cooling in summer. By reversing the flow of refrigerant, the heat pump refrigeration cycle is changed from cooling to heating or vice versa. This allows a facility to be heated and cooled by a single piece of equipment by the same means, and with the same hardware.
Free cooling[edit]
Main article: Free cooling
Free cooling systems can have very high efficiencies, and are sometimes combined with seasonal thermal energy storage so that the cold of winter can be used for summer air conditioning. Common storage mediums are deep aquifers or a natural underground rock mass accessed via a cluster of small-diameter, heat-exchanger-equipped boreholes, and exisiting below-ground infrastructure.[20] Some systems with small storages are hybrids, using free cooling early in the cooling season, and later employing a heat pump to chill the circulation coming from the storage. The heat pump is added-in because the storage acts as a heat sink when the system is in cooling (as opposed to charging) mode, causing the temperature to gradually increase during the cooling season.
Some systems include an "economizer mode", which is sometimes called a "free-cooling mode". When economizing, the control system will open (fully or partially) the outside air damper and close (fully or partially) the return air damper. This will cause fresh, outside air to be supplied to the system. When the outside air is cooler than the demanded cool air, this will allow the demand to be met without using the mechanical supply of cooling (typically chilled water or a direct expansion "DX" unit), thus saving energy. The control system can compare the temperature of the outside air vs. return air, or it can compare the enthalpy of the air, as is frequently done in climates where humidity is more of an issue. In both cases, the outside air must be less energetic than the return air for the system to enter the economizer mode.
Packaged vs. split system[edit]
Central, "all-air" air-conditioning systems (or package systems) with a combined outdoor condenser/evaporator unit are often installed in North American residences, offices, and public buildings, but are difficult to retrofit (install in a building that was not designed to receive it) because of the bulky air ducts required. (Minisplit ductless systems are used in these situations.) Outside of North America, packaged systems are only used in limited applications involving large indoor space such as stadiums, theatres or exhibition halls.
An alternative to packaged systems is the use of separate indoor and outdoor coils in split systems. Split systems are preferred and widely used worldwide except in the North America. In the North America, split systems are most often seen in residential applications, but they are gaining popularity in small commercial buildings.
With the split system, the evaporator coil is connected to a remote condenser unit using refrigerant piping between an indoor and outdoor unit instead of ducting air directly from the outdoor unit. Indoor units with directional vents mount onto walls, suspended from ceilings, or fit into the ceiling. Other indoor units mount inside the ceiling cavity, so that short lengths of duct handle air from the indoor unit to vents or diffusers around the rooms.
Split systems are more efficient and the footprint is typically smaller than the package systems. On the other hand, package systems tend to have slightly lower indoor noise level compared to split system since the fan motor is located outside.
Dehumidification[edit]
Dehumidification (air drying) in an air conditioning system is provided by the evaporator. Since the evaporator operates at a temperature below the dew point, moisture in the air condenses on the evaporator coil tubes. This moisture is collected at the bottom of the evaporator in a pan and removed by piping to a central drain or onto the ground outside.
A dehumidifier is an air-conditioner-like device that controls the humidity of a room or building. It is often employed in basements which have a higher relative humidity because of their lower temperature (and propensity for damp floors and walls). In food retailing establishments, large open chiller cabinets are highly effective at dehumidifying the internal air. Conversely, a humidifier increases the humidity of a building.
Maintenance[edit]
All modern air conditioning systems, even small window package units, are equipped with internal air filters. These are generally of a lightweight gauzy material, and must be replaced or washed as conditions warrant. For example, a building in a high dust environment, or a home with furry pets, will need to have the filters changed more often than buildings without these dirt loads. Failure to replace these filters as needed will contribute to a lower heat exchange rate, resulting in wasted energy, shortened equipment life, and higher energy bills; low air flow can result in iced-over evaporator coils, which can completely stop air flow. Additionally, very dirty or plugged filters can cause overheating during a heating cycle, and can result in damage to the system or even fire.
Because an air conditioner moves heat between the indoor coil and the outdoor coil, both must be kept clean. This means that, in addition to replacing the air filter at the evaporator coil, it is also necessary to regularly clean the condenser coil. Failure to keep the condenser clean will eventually result in harm to the compressor, because the condenser coil is responsible for discharging both the indoor heat (as picked up by the evaporator) and the heat generated by the electric motor driving the compressor.
Energy efficiency[edit]
Since the 1980s, manufacturers of HVAC equipment have been making an effort to make the systems they manufacture more efficient. This was originally driven by rising energy costs, and has more recently been driven by increased awareness of environmental issues. Additionally, improvements to the HVAC system efficiency can also help increase occupant health and productivity.[21] In the US, the EPA has imposed tighter restrictions over the years. There are several methods for making HVAC systems more efficient.
Heating energy[edit]
In the past, water heating was more efficient for heating buildings and was the standard in the United States. Today, forced air systems can double for air conditioning and are more popular.
Some benefits of forced air systems, which are now widely used in churches, schools and high-end residences, are
Better air conditioning effects
Energy savings of up to 15-20%
Even conditioning[citation needed]
A drawback is the installation cost, which can be slightly higher than traditional HVAC systems.
Energy efficiency can be improved even more in central heating systems by introducing zoned heating. This allows a more granular application of heat, similar to non-central heating systems. Zones are controlled by multiple thermostats. In water heating systems the thermostats control zone valves, and in forced air systems they control zone dampers inside the vents which selectively block the flow of air. In this case, the control system is very critical to maintaining a proper temperature.
Forecasting is another method of controlling building heating by calculating demand for heating energy that should be supplied to the building in each time unit.
Ground source heat pump[edit]
Main article: Geothermal heat pump
Ground source, or geothermal, heat pumps are similar to ordinary heat pumps, but instead of transferring heat to or from outside air, they rely on the stable, even temperature of the earth to provide heating and air conditioning. Many regions experience seasonal temperature extremes, which would require large-capacity heating and cooling equipment to heat or cool buildings. For example, a conventional heat pump system used to heat a building in Montana's −70 °F (−57 °C) low temperature or cool a building in the highest temperature ever recorded in the US—134 °F (57 °C) in Death Valley, California, in 1913 would require a large amount of energy due to the extreme difference between inside and outside air temperatures. A few feet below the earth's surface, however, the ground remains at a relatively constant temperature. Utilizing this large source of relatively moderate temperature earth, a heating or cooling system's capacity can often be significantly reduced. Although ground temperatures vary according to latitude, at 6 feet (1.8 m) underground, temperatures generally only range from 45 to 75 °F (7 to 24 °C).
An example of a geothermal heat pump that uses a body of water as the heat sink, is the system used by the Trump International Hotel and Tower in Chicago, Illinois. This building is situated on the Chicago River, and uses cold river water by pumping it into a recirculating cooling system, where heat exchangers transfer heat from the building into the water, and then the now-warmed water is pumped back into the Chicago River.[22]
While they may be more costly to install than regular heat pumps, geothermal heat pumps can produce markedly lower energy bills – 30 to 40 percent lower, according to estimates from the US Environmental Protection Agency.[citation needed]
Ventilation energy recovery[edit]
Energy recovery systems sometimes utilize heat recovery ventilation or energy recovery ventilation systems that employ heat exchangers or enthalpy wheels to recover sensible or latent heat from exhausted air. This is done by transfer of energy to the incoming outside fresh air.
Air conditioning energy[edit]
The performance of vapor compression refrigeration cycles is limited by thermodynamics. These air conditioning and heat pump devices move heat rather than convert it from one form to another, so thermal efficiencies do not appropriately describe the performance of these devices. The Coefficient-of-Performance (COP) measures performance, but this dimensionless measure has not been adopted. Instead, the Energy Efficiency Ratio (EER) has traditionally been used to characterize the performance of many HVAC systems. EER is the Energy Efficiency Ratio based on a 35 °C (95 °F) outdoor temperature. To more accurately describe the performance of air conditioning equipment over a typical cooling season a modified version of the EER, the Seasonal Energy Efficiency Ratio (SEER), or in Europe the ESEER, is used. SEER ratings are based on seasonal temperature averages instead of a constant 35 °C (95 °F) outdoor temperature. The current industry minimum SEER rating is 14 SEER.[23]
Engineers have pointed out some areas where efficiency of the existing hardware could be improved. For example, the fan blades used to move the air are usually stamped from sheet metal, an economical method of manufacture, but as a result they are not aerodynamically efficient. A well-designed blade could reduce electrical power required to move the air by a third.[24]
Air filtration and cleaning[edit]
Main article: Air filter
Air handling unit, used for heating, cooling, and filtering the air
Air cleaning and filtration removes particles, contaminants, vapors and gases from the air. The filtered and cleaned air then is used in heating, ventilation and air conditioning. Air cleaning and filtration should be taken in account when protecting our building environments.[25]
Clean air delivery rate and filter performance[edit]
Clean air delivery rate is the amount of clean air an air cleaner provides to a room or space. When determining CADR, the amount of airflow in a space is taken into account. For example, an air cleaner with a flow rate of 100 cfm (cubic feet per minute) and an efficiency of 50% has a CADR of 50 cfm. Along with CADR, filtration performance is very important when it comes to the air in our indoor environment. Filter performance depends on the size of the particle or fiber, the filter packing density and depth and also the air flow rate.[25]
HVAC industry and standards[edit]
The HVAC industry is a worldwide enterprise, with roles including operation and maintenance, system design and construction, equipment manufacturing and sales, and in education and research. The HVAC industry was historically regulated by the manufacturers of HVAC equipment, but regulating and standards organizations such as HARDI, ASHRAE, SMACNA, ACCA, Uniform Mechanical Code, International Mechanical Code, and AMCA have been established to support the industry and encourage high standards and achievement.
The starting point in carrying out an estimate both for cooling and heating depends on the exterior climate and interior specified conditions. However, before taking up the heat load calculation, it is necessary to find fresh air requirements for each area in detail, as pressurization is an important consideration.
International[edit]
ISO 16813:2006 is one of the ISO building environment standards.[26] It establishes the general principles of building environment design. It takes into account the need to provide a healthy indoor environment for the occupants as well as the need to protect the environment for future generations and promote collaboration among the various parties involved in building environmental design for sustainability. ISO16813 is applicable to new construction and the retrofit of existing buildings.[27]
The building environmental design standard aims to:[27]
provide the constraints concerning sustainability issues from the initial stage of the design process, with building and plant life cycle to be considered together with owning and operating costs from the beginning of the design process;
assess the proposed design with rational criteria for indoor air quality, thermal comfort, acoustical comfort, visual comfort, energy efficiency and HVAC system controls at every stage of the design process;
iterate decisions and evaluations of the design throughout the design process.
North America[edit]
United States[edit]
Main article: American Society of Heating, Refrigerating and Air-Conditioning Engineers
In the United States, HVAC engineers generally are members of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE), EPA Universal CFC certified (for insulation and service of CFC HVAC devices), or locally engineer certified such as a Special to Chief Boilers License issued by the state or, in some jurisdictions, the city. ASHRAE is an international technical society for all individuals and organizations interested in HVAC. The Society, organized into regions, chapters, and student branches, allows exchange of HVAC knowledge and experiences for the benefit of the field's practitioners and the public. ASHRAE provides many opportunities to participate in the development of new knowledge via, for example, research and its many technical committees. These committees typically meet twice per year at the ASHRAE Annual and Winter Meetings. A popular product show, the AHR Expo, is held in conjunction with each winter meeting. The Society has approximately 50,000 members and has headquarters in Atlanta, Georgia.
The most recognized standards for HVAC design are based on ASHRAE data. The most general of four volumes of the ASHRAE Handbook is Fundamentals; it includes heating and cooling calculations. Each volume of the ASHRAE Handbook is updated every four years. The design professional must consult ASHRAE data for the standards of design and care as the typical building codes provide little to no information on HVAC design practices; codes such as the UMC and IMC do include much detail on installation requirements, however. Other useful reference materials include items from SMACNA, ACGIH, and technical trade journals.
American design standards are legislated in the Uniform Mechanical Code or International Mechanical Code. In certain states, counties, or cities, either of these codes may be adopted and amended via various legislative processes. These codes are updated and published by the International Association of Plumbing and Mechanical Officials (IAPMO) or the International Code Council (ICC) respectively, on a 3-year code development cycle. Typically, local building permit departments are charged with enforcement of these standards on private and certain public properties.
HVAC professionals in the US can receive training through formal training institutions, where most earn associate degrees. Training for HVAC technicians includes classroom lectures and hands-on tasks, and can be followed by an apprenticeship wherein the recent graduate works alongside a professional HVAC technician for a temporary period.[28] HVAC techs who have been trained can also be certified in areas such as air conditioning, heat pumps, gas heating, and commercial refrigeration.[29]
Europe[edit]
United Kingdom[edit]
The Chartered Institution of Building Services Engineers is a body that covers the essential Service (systems architecture) that allow buildings to operate. It includes the electrotechnical, heating, ventilating, air conditioning, refrigeration and plumbing industries. To train as a building services engineer, the academic requirements are GCSEs (A-C) / Standard Grades (1-3) in Maths and Science, which are important in measurements, planning and theory. Employers will often want a degree in a branch of engineering, such as building environment engineering, electrical engineering or mechanical engineering. To become a full member of CIBSE, and so also to be registered by the Engineering Council UK as a chartered engineer, engineers must also attain an Honours Degree and a master's degree in a relevant engineering subject.
CIBSE publishes several guides to HVAC design relevant to the UK market, and also the Republic of Ireland, Australia, New Zealand and Hong Kong. These guides include various recommended design criteria and standards, some of which are cited within the UK building regulations, and therefore form a legislative requirement for major building services works. The main guides are:
Guide A: Environmental Design
Guide B: Heating, Ventilating, Air Conditioning and Refrigeration
Guide C: Reference Data
Guide D: Transportation systems in Buildings
Guide E: Fire Safety Engineering
Guide F: Energy Efficiency in Buildings
Guide G: Public Health Engineering
Guide H: Building Control Systems
Guide J: Weather, Solar and Illuminance Data
Guide K: Electricity in Buildings
Guide L: Sustainability
Guide M: Maintenance Engineering and Management
Within the construction sector, it is the job of the building services engineer to design and oversee the installation and maintenance of the essential services such as gas, electricity, water, heating and lighting, as well as many others. These all help to make buildings comfortable and healthy places to live and work in. Building Services is part of a sector that has over 51,000 businesses and employs represents 2%-3% of the GDP.
Australia[edit]
The Air Conditioning and Mechanical Contractors Association of Australia (AMCA), Australian Institute of Refrigeration, Air Conditioning and Heating (AIRAH), and CIBSE are responsible.
Asia[edit]
Asian architectural temperature-control have different priorities than European methods. For example, Asian heating traditionally focuses on maintaining temperatures of objects such as the floor or furnishings such as Kotatsu tables and directly warming people, as opposed to the Western focus, in modern periods, on designing air systems.
Philippines[edit]
The Philippine Society of Ventilating, Air Conditioning and Refrigerating Engineers (PSVARE) along with Philippine Society of Mechanical Engineers (PSME) govern on the codes and standards for HVAC / MVAC (MVAC means "mechanical ventilation and air conditioning") in the Philippines.
India[edit]
The Indian Society of Heating, Refrigerating and Air Conditioning Engineers (ISHRAE) was established to promote the HVAC industry in India. ISHRAE is an associate of ASHRAE. ISHRAE was started at Delhi in 1981 and a chapter was started in Bangalore in 1989. Between 1989 & 1993, ISHRAE chapters were formed in all major cities in India and also in the Middle East.
See also[edit]
Air speed (HVAC)
ASHRAE Handbook
Fan coil unit
Glossary of HVAC terms
Radiant cooling
Sick building syndrome
References[edit]
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Jump up ^ Pauschinger T. (2012). Solar District Heating with Seasonal Thermal Energy Storage in Germany. European Sustainable Energy Week, Brussels. 18–22 June 2012.
Jump up ^ Paksoy H., Snijders A., Stiles L. (2009). Aquifer Thermal Energy Cold Storage System at Richard Stockton College. Effstock Conference -- Thermal Energy Storage for Efficiency and Sustainability (11th International.
Jump up ^ Swenson, S. Don (1995). HVAC: heating, ventilating, and air conditioning. Homewood, Illinois: American Technical Publishers. ISBN 978-0-8269-0675-5.
Jump up ^ "History of HVAC". JC Heating & Cooling.
Jump up ^ https://www.researchgate.net/profile/Iain_Staffell/publication/255759857_A_review_of_domestic_heat_pumps/links/0c96052a39c98d9227000000.pdf 9291
Jump up ^ Bearg, David W. (1993). Indoor Air Quality and HVAC Systems. New York: Lewis Publishers. pp. 107–112.
Jump up ^ Dianat, Nazari, I,I. "Characteristic of unintentional carbon monoxide poisoning in Northwest Iran- Tabriz". International Journal of Injury Control and Promotion. Retrieved 2011-11-15.
Jump up ^ Ventilation and Infiltration chapter, Fundamentals volume of the ASHRAE Handbook, ASHRAE, Inc., Atlanta, Georgia, 2005
Jump up ^ "Air Change Rates for typical Rooms and Buildings". The Engineering ToolBox. Retrieved 2012-12-12.
Jump up ^ Bell, Geoffrey. "Room Air Change Rate". A Design Guide for Energy-Efficient Research Laboratories. Retrieved 2011-11-15.
Jump up ^ Escombe, A. R.; Oeser, C. C.; Gilman, R. H.; et al. (2007). "Natural ventilation for the prevention of airborne contagion". PLoS Med. 4 (68). doi:10.1371/journal.pmed.0040068.
Jump up ^ Tadayon, Saied; Tadayon, Bijan; Martin, David (2012-10-11). "Patent US20120255706 - Heat Exchange Using Underground Water System". Retrieved 2017-12-18.
Jump up ^ "Sustainable Facilities Tool: HVAC System Overview". sftool.gov. Retrieved 2 July 2014.
Jump up ^ Al-Kodmany, Kheir (2013). The Future of the City: Tall Buildings and Urban Design. WIT Press. p. 242. ISBN 978-1-84564-410-9.
Jump up ^ "What Does SEER Stand For?". allclimate.net. Retrieved 2015-09-07.
Jump up ^ Keeping cool and green, The Economist 17 July 2010, p. 83
^ Jump up to: a b Howard, J (2003), Guidance for Filtration and Air-Cleaning Systems to Protect Building Environments from Airborne Chemical, Biological, or Radiological Attacks, National Institute for Occupational Safety and Health, 2003-136
Jump up ^ ISO. "Building environment standards". www.iso.org. Retrieved 2011-05-14.
^ Jump up to: a b ISO. "Building environment design—Indoor environment—General principles". Retrieved 14 May 2011.
Jump up ^ "HVAC Training". HVACTraining.net. Retrieved 2013-07-10.
Jump up ^ "Certification basics/101". NATE. Archived from the original on 2011-10-06. Retrieved 2013-07-10.
Further reading[edit]
Wikimedia Commons has media related to Climate control.
Wikimedia Commons has media related to Air conditioners.
Wikimedia Commons has media related to Cooling.
Wikimedia Commons has media related to Ventilation fans.
Mechanical system (building service) at Encyclopædia Britannica
International Mechanical Code (2012 (Second Printing)) by the International Code Council, Thomson Delmar Learning;
Modern Refrigeration and Air Conditioning (August 2003) by Althouse, Turnquist, and Bracciano, Goodheart-Wilcox Publisher; 18th edition
The Cost of Cool
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Template:Home automation
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text:
English law
From Wikipedia, the free encyclopedia
Jump to: navigation, search
For other uses, see English law (disambiguation).
The Royal Courts of Justice on the Strand in London is the seat of the High Court of Justice and the Court of Appeal.
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.[1][2]
Contents
[hide]
1 Principal elements of English law
2 Legal terminology
2.1 Criminal law & civil law
2.2 Common law & civil law
2.3 Common law & equity
2.4 Public law & private law
2.5 Legal remedies
3 Sources of English Law
4 Statute law
5 Common law
5.1 Early development
5.2 Precedent
5.3 Overseas influences
5.3.1 Reciprocity
5.3.2 Courts of final appeal
5.3.3 International law and commerce
6 British jurisdictions
6.1 Application of English law to Wales
7 Main subject areas
8 See also
9 Notes
10 References
11 Further reading
12 External links
Principal elements of English law[edit]
England's most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations[3] and bye-laws. In the absence of any statutory law, the common law with its principle of stare decisis forms the residual source of law, based on judicial decisions, custom, and usage.[4][5]
Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament.[6][7]
Not being a civil law system, English law has no comprehensive codification.[8] However, most of its criminal law has been codified from its common law origins, in the interests both of certainty and of ease of prosecution.[9][10] For the time being, murder remains a common law crime rather than a statutory offence.[11] [12][13][14]
Although Scotland and Northern Ireland form part of the United Kingdom and share Westminster as a primary legislature, they have separate legal systems outside of English Law.
International treaties such as the European Union's Treaty of Rome[15] or the Hague-Visby Rules have effect in English law only when adopted and ratified by Act of Parliament.[16] Adopted treaties may be subsequently denounced by executive action.[17]
Legal terminology[edit]
Criminal law & civil law[edit]
Statue of Lady Justice on the dome of the Central Criminal Court of England and Wales in the City of London (the "Old Bailey").
Criminal law is the law of crime and punishment whereby the Crown prosecutes the accused. Civil law is concerned with tort, contract, families, companies and so on. Civil law courts operate to provide a party[18] who has an enforceable claim with a remedy such as damages or a declaration.[19]
Common law & civil law[edit]
In this context, civil law is the system of codified law that is prevalent in Europe. Civil law is founded on the ideas of Roman Law.[20] By contrast, English law is the archetypal common law jurisdiction, relying on judge-made law.[21]
Common law & equity[edit]
In this context, common law means the judge-made law of the King's Bench; whereas equity is the judge-made law of the (now-defunct) Court of Chancery.[22] Equity is concerned mainly with trusts and equitable remedies. Equity generally operates in accordance with the principles known as the "maxims of equity".[23][24]
The reforming Judicature Acts of the 1880s amalgamated the courts into one Supreme Court of Judicature which was directed to administer both law and equity.[25] The neo-gothic Royal Courts of Justice in The Strand, London, were built shortly afterwards to celebrate these reforms.
Public law & private law[edit]
Public Law[26] is the law governing relationships between individuals and the state. Private law encompasses relationships between private individuals and other private entities (but may also cover "private" relationships between the government and private entities).
Legal remedies[edit]
A remedy is "the means given by law for the recovery of a right, or of compensation for its infringement".[27] Most remedies are available only from the court, but some are "self-help" remedies; for instance, a party who lawfully wishes to cancel[28] a contract may do so without leave;[29][30][31] and a person may take his own steps to "abate a private nuisance". Formerly, most civil actions claiming damages in the High Court were commenced by obtaining a writ issued in the Queen's name. After 1979, writs have merely required the parties to appear, and writs are no longer issued in the name of the Crown.[32] Now, after the Woolf Reforms of 1999, almost all civil actions other than those connected with insolvency, are commenced by the completion of a Claim Form [33] as opposed to a Writ, Originating Application, or Summons.[34]
Sources of English Law[edit]
Main article: Sources of law
In England, there is a hierarchy of sources, as follows:[35]
Legislation (primary and secondary)
The case law rules of common law and equity, derived from precedent decisions.
Parliamentary conventions[36]
General Customs
Books of authority.[37]
Statute law[edit]
Main article: Statutory law
Primary legislation in the UK may take the following forms:
Acts of Parliament,
Acts of the Scottish Parliament
Acts and Measures of the National Assembly for Wales
Statutory Rules of the Northern Ireland Assembly
Orders in Council are a sui generis category of legislation.
Secondary (or "delegated") legislation in England includes:
Statutory Instruments and Ministerial Orders.
Bye-laws of metropolitan boroughs, county councils, and town councils.
Statutes are cited in this fashion: "Short Title Year", e.g. Theft Act 1968.[38][39] This became the usual way to refer to Acts from 1840 onwards; previously Acts were cited by their long title with the regnal year of the parliamentary session when they received Royal Assent, and the chapter number. For example, the Pleading in English Act 1362 was referred to as 36 Edw. III c. 15, meaning "36th year of the reign of Edward III, chapter 15". [40] (By contrast, American convention inserts "of", as in "Civil Rights Act of 1964").
Common law[edit]
Main article: Common law
Common law is a term with historical origins in the legal system of England. It denotes, in the first place, the judge-made law that developed from the early Middle Ages as described in a work published at the end of the 19th century, The History of English Law before the Time of Edward I,[41] in which Pollock and Maitland expanded the work of Coke (17th century) and Blackstone (18th century). Specifically, the law developed in England's Court of Common Pleas and other common law courts, which became also the law of the colonies settled initially under the crown of England or, later, of the United Kingdom, in North America and elsewhere; and this law as further developed after those courts in England were reorganised by the Supreme Court of Judicature Acts passed in the 1870s, and developed independently, in the legal systems of the United States and other jurisdictions, after their independence from the United Kingdom, before and after the 1870s. The term is used, in the second place, to denote the law developed by those courts, in the same periods (pre-colonial, colonial and post-colonial), as distinct from within the jurisdiction, or former jurisdiction, of other courts in England: the Court of Chancery, the ecclesiastical courts, and the Admiralty court.
In the Oxford English Dictionary (1933) "common law" is described as "The unwritten law of England, administered by the King's courts, which purports to be derived from ancient usage, and is embodied in the older commentaries and the reports of abridged cases", as opposed, in that sense, to statute law, and as distinguished from the equity administered by the Chancery and similar courts, and from other systems such as ecclesiasical law, and admiralty law.[42] For usage in the United States the description is "the body of legal doctrine which is the foundation of the law administered in all states settled from England, and those formed by later settlement or division from them".[43]
Early development[edit]
In 1276, the concept of "time immemorial" often applied in common law was defined as being any time before 6 July 1189 (i.e. before Richard I's accession to the English throne).
Since 1189, English law has been a common law, not a civil law system; in other words, no comprehensive codification of the law has taken place and judicial precedents are binding as opposed to persuasive. This may be a legacy of the Norman conquest of England, when a number of legal concepts and institutions from Norman law were introduced to England. In the early centuries of English common law, the justices and judges were responsible for adapting the system of writs to meet everyday needs, applying a mixture of precedent and common sense to build up a body of internally consistent law. An example is the Law Merchant derived from the "Pie-Powder" Courts, named from a corruption of the French pieds-poudrés ("dusty feet") implying ad hoc marketplace courts.
Following Montesquieu's theory of the "separation of powers", only Parliament has the power to legislate; but in the event of a statute being ambiguous, the courts have exclusive power to decide its true meaning, using the principles of statutory interpretation. Since the courts have no authority to legislate, the "legal fiction" is that they "declare" (rather than "create") the common law. The House of Lords took this "declaratory power" a stage further in DPP v Shaw[44], where, in creating the new crime of "conspiracy to corrupt public morals", Viscount Simonds claimed the court had a "residual power to protect the moral welfare of the state".[45][46] As Parliament became ever more established and influential, Parliamentary legislation gradually overtook judicial law-making such that today's judges are able to innovate only in certain very narrowly defined areas.
Precedent[edit]
One of the major challenges in the early centuries was to produce a system that was certain in its operation and predictable in its outcomes. Too many judges were either partial or incompetent, acquiring their positions only by virtue of their rank in society. Thus, a standardised procedure slowly emerged, based on a system termed stare decisis which roughly means "let the decision stand". The doctrine of precedent which requires similar cases to be adjudicated in a like manner, falls under the principle of stare decisis. Thus, the ratio decidendi (reason for decision) of each case will bind future cases on the same generic set of facts both horizontally and vertically in the court structure. The highest appellate court in the UK is the Supreme Court of the United Kingdom and its decisions are binding on every other court in the hierarchy which are obliged to apply its rulings as the law of the land. The Court of Appeal binds the lower courts, and so on.
In England, judges have devised a number of rules as to how to deal with precedent decisions.
Overseas influences[edit]
Map of the British Empire under Queen Victoria at the end of the nineteenth century. "Dominions" refers to all territories belonging to the Crown.
Reciprocity[edit]
England exported its common law and statute law to most parts of the British Empire, and many aspects of that system have survived after Independence from British rule, and the influences are often reciprocal. "English law" prior to the American Revolutionary Wars (American War of Independence) is still an influence on United States law, and provides the basis for many American legal traditions and principles. (In the United States each state has its own supreme court with final appellate jurisdiction, while the US Supreme Court has the final say over federal matters).[47]
Jurisdictions that have kept to the common law may incorporate modern legal developments from England, and English decisions are usually persuasive in such jurisdictions.
Courts of final appeal[edit]
After Britain's colonial period, jurisdictions that had inherited and adopted England's common law[48] developed their courts of final appeal in differing ways: jurisdictions still under the British crown are subject to the Judicial Committee of the Privy Council in London.[49] For a long period, the British Dominions used London's Privy Council as their final appeal court, although one by one they eventually established their local Supreme Court. New Zealand was the last Dominion to abandon the Privy Council, setting up its own Supreme Court in 2004.[50] Even after independence, many former British colonies in the Commonwealth continued to use the Privy Council, as it offered a readily available high grade service. In particular, several Caribbean island nations found the Privy Council advantageous.
International law and commerce[edit]
Britain is a dualist in its relationship with international law, so international treaties must be formally ratified by Parliament and incorporated into statute before such supranational laws become binding in the UK.[51][52] [53][54]
Britain has long been a major trading nation, exerting a strong influence on the law of shipping and maritime trade. The English law of salvage,[55] collisions,[56] ship arrest,[57] and carriage of goods by sea[58] are subject to international conventions which Britain played a leading role in drafting. Many of these conventions incorporate principles derived from English common law[59] and documentary procedures.[60]
British jurisdictions[edit]
Main article: Jurisdictions of the United Kingdom
The former Middlesex Guildhall in Parliament Square is the location of the Supreme Court of the United Kingdom
The United Kingdom of Great Britain and Northern Ireland comprises three legal jurisdictions: England & Wales, Scotland, and Northern Ireland. Although Scotland and Northern Ireland form part of the United Kingdom and share the Parliament at Westminster as the primary legislature, they have separate legal systems. Scotland became part of the UK over 300 years ago, but Scots law has remained remarkably distinct from English law. The UK's highest civil appeal court is the Supreme Court of the United Kingdom, whose decisions are binding on all three UK jurisdictions, as in Donoghue v Stevenson, a Scots case that forms the basis of the UK's law of negligence. [61]
Application of English law to Wales[edit]
Unlike Scotland and Northern Ireland, Wales is not a separate jurisdiction within the United Kingdom. The customary laws of Wales within the Kingdom of England were abolished by King Henry VIII's Laws in Wales Acts which brought Wales into legal conformity with England. While Wales now has a devolved Assembly, any legislation which that Assembly passes is enacted in particular circumscribed policy areas defined by the Government of Wales Act 2006, other legislation of the British Parliament, or by Orders in Council given under the authority of the 2006 Act.
Between 1746 and 1967, any reference to England in legislation was deemed to include Wales. This ceased with the enactment of the Welsh Language Act 1967 and the jurisdiction is now commonly referred to as "England and Wales". Although devolution has accorded some degree of political autonomy to Wales in the National Assembly for Wales, it did not have the ability to pass primary legislation until the Government of Wales Act 2006 came into force after the 2007 Welsh general election. That said, the Welsh legal system remains English common law, in that the legal system administered through both civil and criminal courts remains unified throughout England and Wales. This is different from the situation of Northern Ireland, for example, which did not cease to be a distinct jurisdiction when its legislature was suspended (see Northern Ireland (Temporary Provisions) Act 1972). A major difference is also the use of the Welsh language, as laws concerning it apply in Wales and not in the rest of the United Kingdom. The Welsh Language Act 1993 is an Act of the Parliament of the United Kingdom, which put the Welsh language on an equal footing with the English language in Wales with regard to the public sector. Welsh may also be spoken in Welsh courts.
Main subject areas[edit]
Administrative law
Constitutional law
Contract law
Company law
Commercial law
Criminal law[62]
Employment law
Equity
Evidence
Family law
Land law
Maritime Law
Public law
Tort law
Trust law
See also[edit]
Law of England and Wales portal
Books of authority
Effect of European Communities Act 1972
Law Commission (England and Wales)
Law of Church of England
Halsbury's Laws of England
Military Law in UK
Open justice
Order in Council
Scots law
Welsh law
Contemporary Welsh law (New powers for the Welsh Assembly)
Chief Justice Coke's rulings in
Case of Proclamations
Case of Prohibitions
Notes[edit]
Jump up ^ For Civil procedure, see Civil procedure in England and Wales
Jump up ^ For Criminal procedure, see Criminal Procedure and Investigations Act 1996
Jump up ^ English regulations are not to be confused with EU Regulations
Jump up ^ Collins English Dictionary.[1]
Jump up ^ It is characteristic of the common law to adopt an approach based "on precedent, and on the development of the law incrementally and by analogy with established authorities", Robinson v Chief Constable of West Yorkshire Police, Supreme Court, [2018] UKSC 4, para. 21.[2]
Jump up ^ For example, section 4 of the Carriage of Goods by Sea Act 1992 repealed the rule in Grant v Norway (1851) 10 CB 665.
Jump up ^ The old estates in land were replaced by new provisions in the 1925 property legislation
Jump up ^ Two areas of commercial law, sale of goods and marine insurance, were codified into (respectively) the Sale of Goods Act 1893 and the Marine Insurance Act 1906. These Acts have been such a notable success that it is curious that so little such codification has occurred.
Jump up ^ Law Commission Report on the Codification of the Criminal Law [3]
Jump up ^ Fisher v Bell [1961] 1 QB 394
Jump up ^ Law Commission Consultation Paper no. 177 - "A New Homicide Act for England and Wales?"
Jump up ^ Newspaper report on proposed changes to homicide law [4]
Jump up ^ In contentious cases, such as the battered wife's revenge, or family mercy killings, English juries have been glad of the ability to treat a clear murder as though it were manslaughter.
Jump up ^ "The Independent" report |https://www.independent.co.uk/news/uk/this-britain/woman-walks-free-after-mercy-killing-case-9143264.html]
Jump up ^ Now renamed as "Treaty on the Functioning of the European Union
Jump up ^ E.g. Carriage of Goods by Sea Act 1971: s.1(1)In this Act, “the Rules” means the International Convention for the unification of certain rules of law relating to bills of lading (...). s.1(2)The provisions of the Rules, as set out in the Schedule to this Act, shall have the force of law.
Jump up ^ e.g. Arrest Convention 1952 Art. 17 [5]
Jump up ^ ... or "claimant", "plaintiff", "petitioner" etc.
Jump up ^ Other remedies include equitable relief such as an injunction and account of profits.
Jump up ^ E.g. the Napoleonic Code in France
Jump up ^ Penny Darbyshire writes: "... in England ... at no time was it felt necessary to look outside the principles of common law or equity for assistance. Inevitably, through the ecclesiastical courts in particular, some Roman law influence can be traced, but in general terms this is very limited". - Darbyshire on the English Legal System (2017)
Jump up ^ The Judicature Acts of 1873-75 abolished the Court of Chancery and "fused" law and equity. Today, equity cases are mostly dealt with in the Chancery Division of the High Court.
Jump up ^ Equitable maxims include: "Equity will not suffer a wrong to be without a remedy", "Equity acts on the person" and "He who comes into equity must come with clean hands".
Jump up ^ Snell, Edmund Henry Turner; Megarry, R.E.; Baker, P.V. (1960). Snell's Principles of Equity (25 ed.). London: Sweet & Maxwell. p. 24
Jump up ^ Snell, Edmund Henry Turner; Megarry, R.E.; Baker, P.V. (1960). Snell's Principles of Equity (25 ed.). London: Sweet & Maxwell. p. 10
Jump up ^ This distinction is borrowed from civil law systems, and is neither as useful nor as appropriate in England as in Europe.
Jump up ^ Law Dictionary (10th ed) - E.R.Hardy Ivamay - Butterworths
Jump up ^ Using repudiation or rescission, (as the case may be)
Jump up ^ If the other party feels that the first was wrong to cancel, he may ask a court to "declare the contract subsisting".
Jump up ^ See Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd 1961] EWCA Civ 7
Jump up ^ Misrepresentation Act 1967 s.2
Jump up ^ Rules of the Supreme Court (Writ and Appearance) 1979 (Statutory Instrument 1979, No. 1716)[6], discussed in House of Lords in 1980,[7]
Jump up ^ ...as prescribed by Rules 7 How to start proceedings and 8 Alternative procedure for claims of the Civil Procedure Rules)
Jump up ^ The Civil Procedure Rules 1998.[8]
Jump up ^ Slapper & Kelly - English Legal System - Routledge- 2016
Jump up ^ Note: Parliamentary conventions should not be confused with International Conventions, which are Treaties adopted and ratified by Parliament.
Jump up ^ Such as Coke and Blackstone.
Jump up ^ Before 1963 Acts were cited with a comma between the Short Title and the year, e.g. "Acts of Parliament Numbering and Citation Act, 1962".[9] The comma has since been dropped, e.g. "British Museum Act 1963"[10]
Jump up ^ See also: acts listed in First Schedule to Short Titles Act, 1896)[11] where the title is the "short title", and ends in "Act", as in "Interpretation Act 1978".
Jump up ^ Although in the past this was all spelt out, together with the long title.
Jump up ^ The History of English Law before the Time of Edward I, 2 vols., on line, with notes, by Professor S. F. C. Milsom, originally published in Cambridge University Press’s 1968 reissue.[12]
Jump up ^ OED, 1933 edition: citations supporting that description, before Blackstone, are from the 14th and 16th centuries.
Jump up ^ OED, 1933 edition: citations supporting that description are two from 19th century sources.
Jump up ^ Shaw v DPP1962 AC 220 HL [n]
Jump up ^ Shaw v DPP case summary [13]
Jump up ^ Viscount Simonds: "There remains in the Courts of Law a residual power to enforce the supreme and fundamental purpose of the law, to conserve not only the safety and order but also the moral welfare of the State, and that it is their duty to guard it against attacks which may be the more insidious because they are novel and unprepared for."
Jump up ^ Liam Boyle, An Australian August Corpus: Why There is Only One Common Law in Australia, Bond Law Review, Volume 27, 2015.[14]
Jump up ^ In this context, "common law" has been described as a body of judge-made law enforced and developed by the courts which includes equity and admiralty law, and which has always been "unintelligible without reference to statute". Liam Boyle: An Australian August Corpus: Why There is Only One Common Law in Australia, Bond Law Review, Volume 27, 2015. p.29 II Some Preliminary Propositions[15]
Jump up ^ The USA, Britain's first colony to be "lost", has a central federal Supreme Court as well as a "Supreme Court" in each state.
Jump up ^ Any decisions of the Privy Council made before the change of jurisdiction; these changes resulting from the creation in 2008 of the UK Supreme Court, remain binding legal precedent.
Jump up ^ Mere agreement to the final text of a treaty is only the first stage, hence "dualist". For instance, Britain has yet to ratify the terms of the Arrest Convention 1999, so the earlier 1952 Treaty is still in place.
Jump up ^ Ratification after agreement of a final text often takes decades. In the case of the Maritime Labour Convention of 2006, even though the EU instructed Member States to adopt the MLC, this "fast-tracked" treaty still did not come into force until 2013.
Jump up ^ For example, the European Convention on Human Rights and Fundamental Freedoms was signed in 1950 and Britain allowed individuals to directly petition the European Commission on Human Rights from 1966. Now s6(1) Human Rights Act 1998 (HRA) makes it unlawful "... for a public authority to act in a way which is incompatible with a convention right", where a "public authority" is any person or body which exercises a public function, expressly including the courts but expressly excluding Parliament.
Jump up ^ Although the European Convention has begun to be applied to the acts of non-state agents, the Human Rights Act (HRA) does not make the Convention specifically applicable between private parties. Courts have taken the Convention into account in interpreting the common law. They also must take the Convention into account in interpreting Acts of Parliament, but must ultimately follow the terms of the Act even if inconsistent with the Convention (s3 HRA).
Jump up ^ 1989 Salvage Convention
Jump up ^ COLREGS
Jump up ^ 1952 Arrest Convention
Jump up ^ The Hague-Visby Rules
Jump up ^ such as the rule on deviation
Jump up ^ such as the Lloyd's Open Form
Jump up ^ Donoghue v Stevenson [1932] UKHL [1932] UKHL
Jump up ^ English criminal law derives its main principles from the common law. The main elements of a crime are the actus reus (doing something which is criminally prohibited) and a mens rea (having the requisite criminal state of mind, usually intention or recklessness). A prosecutor must show that a person has caused the offensive conduct, or that the culprit had some pre-existing duty to take steps to avoid a criminal consequence. The types of different crimes range from those well known ones like manslaughter, murder, theft and robbery to a plethora of regulatory and statutory offences. It is estimated that in the UK, there are 3,500 classes of criminal offence. Certain defences may exist to crimes, which include self-defence, intention, necessity, duress, and in the case of a murder charge, under the Homicide Act 1957, diminished responsibility, provocation and, in very rare cases, survival of a suicide pact. It has often been suggested that England and Wales should codify its criminal law in an English Criminal Code, but there has been no overwhelming support for this in the past.
References[edit]
Beale, Joseph H. (1935) A Treatise on the Conflict of Laws. ISBN 1-58477-425-8
Darbyshire, Penny (2017) Darbyshire on the English Legal System - 12th ed - Sweet & Maxwell - ISBN 9780414057852
Dicey & Morris (1993). The Conflict of Laws - 12th edition - Sweet & Maxwell ISBN 0-420-48280-6
Slapper, Gary; David Kelly (2016). The English Legal System. London: Routledge. ISBN 978-1-138-94445-9.
Barnett, Hilaire (2008). Constitutional & Administrative Law. London: Routledge-Cavendish. ISBN 978-0-415-45829-0.
Further reading[edit]
Milsom, S.F.C., A Natural History of the Common Law. Columbia University Press (2003) ISBN 0231129947
Milsom, S.F.C., Historical Foundations of the Common Law (2nd ed.). Lexis Law Publishing (Va), (1981) ISBN 0406625034
Fleming, Justin, Barbarism to Verdict - A History of the Common Law Published January 1st 1994 by Angus & Robertson Publishers ISBN 0207179298
External links[edit]
The History of English Law before the Time of Edward I, 2 vols., on line, with notes, by S. F. C. Milsom, originally published in Cambridge University Press’s 1968 reissue.
First edition of Halsbury's Laws of England: Being A Complete Statement of the Whole Law of England, published 1907-1917.
Theories and principles underlying the development of the common law, Mark Leeming, UNSW Law Journal, vol.36 no.3
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