Tag: UK Law

Articles

The Eugenia, Ocean Tramp Tankers Corporation v V/O Sovfracht
23rd Jun 2021
Introduction: The vessel Eugenia was let to the charterers for “a trip out to India via Black Sea” from the time Eugenia was delivered to them in Genoa. Under Clause 21 in the contract between the two parties, the vessel was not to be brought within any zone which is dangerous as a result of any actual or threatened act of war...

R v Dalloway 1847 Case Summary
23rd Jun 2021
Introduction: Dalloway was standing on a horse and cart as it drove along a public road. Dalloway was not holding on to the reins as they were resting. Causation – negligence causing death – murder and manslaughter...

Rylands v Fletcher Case Summary
23rd Jun 2021
Introduction: Liability under Rylands v Fletcher is regarded as a specific type of nuisance, a form of strict liability, where the defendant may be liable without having been negligent. ...

Salomon v Salomon - Case Summary
23rd Jun 2021
Introduction: A Case Summary of Salomon v A Salomon and Co Ltd [1897] AC 22 (Salomon v Salomon) - Separate Legal Personality (SLP) and The Exception of Veil Piercing...

Hedley Byrne v Heller - Brief Case Summary
23rd Jun 2021
Introduction: Case Summary of Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964) AC 465 (HL). Claiming Economic Loss and Experts. In 1963 the House of Lords established that in limited circumstances – if a duty of care arose in the making of statements – pure economic loss in tort could now be recoverable in English law....

Judges Interpretation of Legislation
23rd Jun 2021
Introduction: Parliament makes the law but it is the roles of judges to interpret parliament’s words. They have a measure of discretion and creative power ......

Caparo v Dickman Case Summary
23rd Jun 2021
Introduction: Case Summary of Caparo Industries plc v Dickman [1990] UKHL 2. The tripartite test in establishing duty of care. Caparo is the landmark case which has created the tripartite test in establishing duty of care....

Chaudry v Prabhakar - 1989
23rd Jun 2021
Introduction: The plaintiff was seeking to purchase a car and asked the defendant, her friend, to assist her on the basis that he claimed to be knowledgeable on the subject. She purchased a car on the recommendation of the defendant....

Does the UK Have a Constitution?
23rd Jun 2021
Introduction: Constitution can be defined as the rules and practices that determine the composition and functions of the organs of central and local government ......

Poussard v Spiers
23rd Jun 2021
Introduction: The Claimant (Poussard) was an opera singer. She was contracted by the defendant to perform in that capacity for a duration of three months. The issue in this case was whether failing to turn up to the first day of performance amounted to a breach of a condition of the contract....

Morgan v Odhams Press
23rd Jun 2021
Introduction: The defendant was a journalist collecting material on a dog doping gang story, whereby he put a key witness (who agreed to talk to him) under his surveillance while investigations were ongoing....

Principle of the Separation of Powers
23rd Jun 2021
Introduction: The separation of powers is a constitutional principle introduced to ensure that the three major institutions of the state namely; the legislative, the executive and the judiciary are not concentrated in any single body whether in functions, personnel or powers....

Ball v Johnson [2019] 5 WLUK 457
23rd Jun 2021
Introduction: Misconduct in public office, and whether or not an allegation of misconduct in public office brought by political campaigners was a proper case for a summons to be issued in....

Relationship Between the Judiciary and Government
11th Jun 2021
Introduction: To be able discuss the relationship between the government and the judiciary it is first crucial to outline the Doctrine of Separation of Powers. According to this doctrine in any state, three essential bodies must exist: the executive, the legislature and the judiciary...

Offers and Invitation to Treat
11th Jun 2021
Introduction: Offers and invitation to treat are the primary examples of transactions and they have certain procedures to secure interchange between people. This essay will focus on some human rights in the contract law. However, in order to understand briefly about law of contract we start with to comprehend binding contract....

Problem Question - Dispositions to a Will
11th Jun 2021
Introduction: When considering any disposition it is paramount to interpret it in such way that most effectively fulfils the testator’s intention and to ensure that the true intention is not exposed to any injustices that could alter the original meaning....

Problem Question on Equity and Trusts
11th Jun 2021
Introduction: The owner of the legal interest cannot be a trustee of the trust property until aware of the facts alleged to affect his conscience. In order to establish a trust there must be identifiable trust property...

Loss of Right to Reject and Terminate a Contract
11th Jun 2021
Introduction: The focus on the paper is where the right to reject and terminate has arisen but lost at a later stage. For example, once the buyer makes a total waiver, for instance, a statement that he will forgive the seller no matter what he does, he will lose the right to reject and terminate....

Vicarious Liability
11th Jun 2021
Introduction: Vicarious Liability. Employed persons are, then, divided into two essential groups. The first group is 'those employed to perform services in connection with the affairs of the employer and over whom the employer has......

Vicarious Liability
11th Jun 2021
Introduction: There are a variety of situations in which a party may be charged with vicarious liability. A case in point, parents may be held vicariously liable...

Tort Vicarious Liability
11th Jun 2021
Introduction: Vicarious liability is where one person is held liable for the torts of another, even though that person did not commit the act itself....

History of the Tort of Vicarious Liability
11th Jun 2021
Introduction: The following paper shall investigate the origins and development of the tort of vicarious liability. In doing so it shall provide an analysis for the usage of the legal terminology in an effort to produce distinctions....

What is Vicarious Liability?
11th Jun 2021
Introduction: Introduction Based on the case, the party involved are A is an employer and B is an employee whereas C is the third party. The situations disclose ......

Carlill v Carbolic Smoke Ball Company
11th Jun 2021
Introduction: Mrs. Louisa Elizabeth Carlill who had seen the advertisement bought one of the balls and eventually used it three times daily for nearly two months until when she contracted the flu on January 17, 1892. Hence due to her adherence of the instructions she claimed £100 reward from the Carbolic Smoke Ball Compan...

Advertisement is a Unilateral Offer
11th Jun 2021
Introduction: The appellant can argue that the advertisement is a unilateral offer and respondent published it having an intention of a binding agreement. In the advertisement, the respondent has included the exact time, date and conditions. People can clearly identify by looking at the advertisement that the respondent had a serious intention of having a binding agreement....

The Late Payment of Commercial Debts Regulations
11th Jun 2021
Introduction: However, introduction of Late Payment of Commercial Debts Act and The Late Payment of Commercial Debts Regulations is certainly making some progress. And the introduction of these standards the delay of payment will continue to decline, as well as business expenses of companies....

Essay on The Sale of Goods Act 1979
11th Jun 2021
Introduction: The Sale of Goods Act lays down a small number of compulsory legal rules concerned with an array of presumptions and implied terms, which aim to reflect the commercial expectations in the most commonly agreed sales contracts. In the absence of contrary agreement these terms will govern a contract within the Act’s remit....

What Is the Legal Nature of the Banker-Customer Relationship?
11th Jun 2021
Introduction: This paper will aim to ascertain the legal nature of the banker-customer relationship, with emphasis on the United Kingdom. I will begin by looking at the definitions of a bank/banker as used in the UK. The paper follows this up with an explanation of what qualifies an individual as a bank customer....

Pre Trial Decisions and Rising Guilty Pleas
11th Jun 2021
Introduction: The ‘Mass Production Of Guilty Pleas’ Is The Primary Purpose Of The Pre Trial Decisions. Discuss. What is a guilty plea and how is it that the guilty pleas of defendants keep rising? Is it to do with mens rea? Or are they just doing as their told?...

Separate Legal Entity and Limited Liability Differences
11th Jun 2021
Introduction: This research was carried to investigate the difference between separate legal entity and limited liability. Which Professor Kahn-Freund described as a calamitous decision in Salomon V Salomon & Co case meaning that the decision taken by the courts was bound to happen...

The Rules Behind Statutory Interpretation
11th Jun 2021
Introduction: There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. These rules will be discussed within the body of this essay....

Criticisms of the Partnership Act 1890
11th Jun 2021
Introduction: Partnership Act 1890 (“the Act”) is constantly being criticized as of advanced age and thus fails to suit the vast number of modern partnerships. Yet, it is also suggested that it is vagueness in the Act, rendering it high degree of flexibility and adaptation, accounts for its continued survival. So is the Act under need for reform?...

The Law of Gift - The Constitution of Trusts
11th Jun 2021
Introduction: Turner LJ in Milroy v Lord reaffirmed three methods of making a gift recognized by equity: (1) the donor arranges an outright transfer of legal title to the property (or the outright assignment of an already existing equitable interest)...

Electronic Surveillance and RIPA
11th Jun 2021
Introduction: It will be argued that the increased use of electronic surveillance is unlikely to lead to the demise of human intelligence sources, this assignment will show that the two will work together and that regulation will ensure that that they will both enhance each other....

Can Restorative Justice Provide Alternative Criminology?
11th Jun 2021
Introduction: Restorative Justice is a process to “make things as right as possible” which includes: attending to needs created by the offense such as safety and repair of injuries to relationships and physical damage resulting from the offense; and attending to needs related to the cause of the offense...

Law in Action Compared with Law in Books
10th Jun 2021
Introduction: The aim of this report is to assess how “law in action” can be compared to “law in books” which may be done by observing the criminal and civil procedures of the Criminal and the Civil Courts....

The ‘Rescue Culture’ in Financially Failing Businesses
10th Jun 2021
Introduction: The rescue culture is reinforced by reforming the administration procedure on which the court is based. Lenders are now unable to hold security over companies business and assets and this includes floating charges. They are also prevented from appointing an Administrative Receiver to realise assets so that it satisfies their debt....

Should Super Injunctions Be Legally Enforceable In Scotland?
10th Jun 2021
Introduction: The main aim of this report is to research if Super Injunctions should be legally enforced in Scotland. Although, the first objective is comparing the Scottish and English Law of Interdicts, Injunctions and Super Injunctions...

Holocaust Denial in the UK - The David Irving Trial
10th Jun 2021
Introduction: The United Kingdom has witnessed one of the most prominent trials regarding Holocaust denial, in the form of Irving v Penguin Books and Lipstadt. David Irving, a British author, filed a claim after American author Deborah Lipstadt, and her publishers Penguin Books, asserting that Lipstadt had libelled him in her book Denying the Holocaust...

Legal reforms and their influence on major loss claims
10th Jun 2021
Introduction: The focus of this thesis is on the upcoming legal reforms and their influence on major loss claims particularly. During the course of this chapter, we will be looking at the extension of the fixed fee regime, Part 2 of the Civil Liability Act 2018, the Disclosure pilot and, last but not least, the likely impact of a hard Brexit on the claims culture within the major loss team....

Effect of Race and Gender on Jury Decisions
13th May 2021
Introduction: Race and gender would appear to be two of the biggest prejudice at play within society. The case of R v Mirza first showcased some of the issues that arise through racial bias in a jury trial....

The Royal Prerogative in the UK
12th May 2021
Introduction: This essay will aim to address what a Royal Prerogative is and the significance of this power within the U.K Legal framework. In addition, this essay will also look at how other areas of the law...

Human Rights Act Impact on English law
6th May 2021
Introduction: I will be examining the quotation made by Lord Irvine in the article entitled The Human Rights Act Two years on (2003) public law 308. I will ......

Breach of Duty of Care
28th Apr 2021
Introduction: Breach Of Duty Of Care. Chris may have a contractual claim as well as a tort claim under the principle in Donoghue v. Stevenson(1) where Lord Adkin formulated the 'neighbour principle'....

Structure of Human Rights Act
18th Mar 2021
Introduction: The Human Rights Act 1998 (HRA) is an outstanding pieces of legislation in the last decade and therefore needs no further introduction. It always ......

Human Rights Act 1998
18th Mar 2021
Introduction: The Human Rights Act 1998. The Human Rights Act gives every citizen a clear statement of rights and responsibilities, and it requires all of us in public services to respect human rights in everything we do (Blair 1999: 1)....

Human Rights Convention
18th Mar 2021
Introduction: Human Rights Convention. The Human Rights Act 1998, came into force in full on 2nd October 2000; guaranteeing the Convention rights of the individual against interference by the state and enabling people in the UK to enforce these rights and liberties in UK courts....

European Court of Human Rights Act
18th Mar 2021
Introduction: HUMAN RIGHT ACT 1988 The Human Rights Act 1998 is a United Kingdom Act of Parliament which received Royal Assent on November 9, 1998, and ......

Human Rights Act 1998 and the Law Relating to Land
18th Mar 2021
Introduction: The Human Rights Act 1998 (which incorporate the European Convention on Human Rights into our law (the Convention)) is having a significant impact on domestic law, and when it was implemented in October 2000, there was a lot of speculation about its effect......

Judicial Review and the Human Rights Act
18th Mar 2021
Introduction: The incorporation of the European Convention on Human Rights into UK law by way of the Human Rights Act 1998 which came into force on 2 October ......

Unintended Uses of the Human Rights Act
18th Mar 2021
Introduction: After the incorporation of European Convention of Human Rights via the Human Rights Act 1998, there have been considerable critical commentaries ......

Common Law Reasoning and Human Rights Act
18th Mar 2021
Introduction: The European Convention on Human Rights (ECHR) was envisaged to prevent the repetition of the immense Human Rights violation as experienced in ......

R v Graham - 1982
18th Mar 2021
Introduction: Paul Graham had been drinking and taking drugs when he and his homosexual partner killed Graham’s wife. Graham claimed he was under duress as his......

R v Cole - 1994
18th Mar 2021
Introduction: The appellant (C) was convicted of two robberies. He claimed the defence of duress on the basis that he was “desperate” for money as he owed money......

R v Hasan [2005] 2 AC 467
18th Mar 2021
Introduction: Hasan was charged with the crime of aggravated burglary. He was associated with a gang and relied on the defence of duress......

Elements of Duress, Necessity and Provocation
18th Mar 2021
Introduction: What are the elements of Duress, Necessity and Provocation, how are these differentiated in practice? Suggest ways in which the law may be made coherent....

DPP v A - 2000
18th Mar 2021
Introduction: The defendant wished to raise the defence of duress to a charge of robbery on the basis that two strangers had threatened to kill......

Defence of Duress Overview
18th Mar 2021
Introduction: It is well recognised that a defendant may be excused if he has committed a crime (except murder, attempted murder or treason) because he was threatened......

Reform of Duress and Necessity
18th Mar 2021
Introduction: 'Summarise the provisions and recommendations of the Law Reform Commission in reform of the pleas of duress and necessity' The Law Reform ......

Duress Makes a Contract Voidable
18th Mar 2021
Introduction: Duress is a means by which a person or party can be released from a contract, where that person or party has been forced or coerced ......

Wheeler v Office of the Prime Minister - 2008
18th Mar 2021
Introduction: The claimant (W) applied for permission to seek judicial review of the decision of the Office of the Prime Minister and Secretary of State for Foreign......

The Citizen and the State
18th Mar 2021
Introduction: The area of law this question is concerned with is ‘judicial review’. Judicial review is defined as the sovereign means by which the high court in this country exercises supervision over the performance...

What is Judicial Review?
18th Mar 2021
Introduction: Judicial review is the process by which the superior court exercises its supervisory jurisdiction over the proceedings and decisions of inferior ......

Judicial Review Giving Power to the Courts
18th Mar 2021
Introduction: Judicial Review is a great weapon in the hands of judges, it gives power to the courts to review statutes and governmental actions to determine ......

Action Based on Judicial Review
18th Mar 2021
Introduction: Judicial review can also be expressed as a challenge to the public body in ways judgements are reached, as (Taylor, 2008) comments that ‘Judicial review allows the individual to directly challenge at least some...

The Rule of Law Lecture
3rd Mar 2021
Introduction: The rule of law has been referred to as a 'wrapper' that is placed around a bundle of constitutional principles. At one extreme......

Tribunals and Ombudsman Lecture
3rd Mar 2021
Introduction: Administrative justice defines the various institutions and procedures that are located within the wide area between government departments......

Public Law - Constitutional Fundamentals
3rd Mar 2021
Introduction: The public law constitutional fundamentals module contains two chapters: constitutional institutions, sources of the constitution....

Constitutional Institutions Lecture
3rd Mar 2021
Introduction: Public law regulates the relationship between the state and its organs, and private citizens. Public law is a shorter way......

Sources of the Constitution Lecture
3rd Mar 2021
Introduction: The United Kingdom does not have a single document known as the 'Constitution' and as such, its constitution is not codified....

Government and Accountability Lecture
3rd Mar 2021
Introduction: The rule of law requires that all be subject to the law, even the government or executive. The authority of the executive comes from......

Applications, Grounds and Remedies Lecture
3rd Mar 2021
Introduction: This section follows on from the previous section, which discusses the theoretical basis of judicial review and the requirements for judicial review....

Judicial Review lecture
3rd Mar 2021
Introduction: One of the main objectives of judicial review is to hold the government to account. Accountability means the checking, controlling or regulating......

Legislative Functions Lecture
3rd Mar 2021
Introduction: Primary legislation constitutes UK Acts of Parliament, some of which include important constitutional rules in the absence of a codified......

Parliamentary Sovereignty Lecture
3rd Mar 2021
Introduction: The implication of Parliamentary Sovereignty is that the Westminster Parliament is legally entitled to pass, amend, or repeal any law......

The European Union Lecture
3rd Mar 2021
Introduction: The European Economic Community (EEC) was established in 1957 between its original six Member States: West Germany, France, Italy, Belgium......

Human Rights Act 1998 Lecture
3rd Mar 2021
Introduction: Modern human rights laws originate from agreements made by the international community in the immediate post Second World War years....

The Judiciary Lecture
3rd Mar 2021
Introduction: An understanding of the hierarchy of courts in the UK is helpful in explaining the various judicial functions. The higher courts, the Court......

The Royal Prerogative Lecture
3rd Mar 2021
Introduction: Throughout the UK's constitutional history, the relationship between the monarch and Parliament has been subject to change....

Commercial Law
26th Feb 2021
Introduction: What firstly needs to be briefly mentioned is in agency law a consensual relationship is created by contract where one party known as the principal...

Internet Copyright Protection
26th Feb 2021
Introduction: Internet Copyright Protection. Firstly, copyright is a property right that subsists in certain specified types of works provided for by the Copyright, Designs and Patents Act 1988 (CDPA); the owner of the copyright subsisting in a work has the exclusive right to do certain acts in relation to the work, such as making a copy, broadcasting or selling copies to the public...

The Law of Negligence to Deal
26th Feb 2021
Introduction: With The Aid Of Case Law, Discuss And Apply The Law Of Negligence To Deal With Miss Fortune’s Claim For Compensation For Her Injuries....

Importance of the Senior Management Test
26th Feb 2021
Introduction: Discuss the importance, and potential interpretation, of the ‘senior management’ test as used in the corporate manslaughter and corporate ......

Negligence in Public Policy Cases
26th Feb 2021
Introduction: Public Bodies and Policy. >According to the ILEx Part 2 syllabus, candidates need to be aware of the continuing trend to restrict liability particularly for public bodies eg X v Bedfordshire County Council......

Duty of Care
26th Feb 2021
Introduction: Duty of care can be described as a control mechanism that is used to establishing if one person can sue another for negligence. The landmark case......

Tort and Negligence Duty of Care Law
26th Feb 2021
Introduction: Tort and Negligence Duty of Care Law. The elements of negligence are duty of care; breach of that duty of care; causation, i.e. a causal link between the individual's injury or property damage; and actual damage either to a person or to property......

Legal Arguments To Pursue The Developer
26th Feb 2021
Introduction: The Developer’s obligation to the Client is based on and derived from the implied or express terms of the Development Agreement .....

Tort - Caparo v Dickman
26th Feb 2021
Introduction: Caparo v Dickman [1990] 1 All ER 568 has effectively redefined the ‘neighbourhood principle’ as enunciated by Lord Atkin in the case of Donoghue v Stevenson [1932] AC 562....

The Supremacy of European Community Law
17th Feb 2021
Introduction: Critique the impact of the principle of the supremacy of European Community law on the principle of parliamentary sovereignty in the constitution of the United Kingdom....

Delegated Legislation in English Legal System
17th Feb 2021
Introduction: This essay will define and discuss the meaning, importance and operation of delegated legislation in detail. It will discuss how it is controlled ......

Principle of the Absolute Legislative Sovereignty
17th Feb 2021
Introduction: Step By Step, Gradually But Surely, The English Principle Of The Absolute Legislative Sovereignty Of Parliament Which Dicey Derived From Coke And Blackstone Is Being Qualified....

The Idea of Developing Power
17th Feb 2021
Introduction: The idea of developing power by the British parliament at the centre to sub-national units has brought about further challenge to parliamentary sovereignty....

No Fault Scheme For Tort of Negligence
17th Feb 2021
Introduction: This paper will review the current system for civil liability in the tort of negligence. The analysis will evaluate arguments for and against......

Public Authorities in Law of Negligence
17th Feb 2021
Introduction: Historically, the European Convention of Human Rights 1950 has brought Human Rights Act 1998 in United Kingdom whereby there is no need to travel ......

Tort Law and the Human Rights Act
17th Feb 2021
Introduction: The current view is that claims in tort law and for breach of human rights under the ECHR, may arise on the same facts, but, following the introduction of the HRA, have ‘separate spheres of operation’. ...

Is the Right to Privacy Adequately Protected?
17th Feb 2021
Introduction: The brief will discuss whether a tort of invasion of privacy should be developed by the courts. It will firstly discuss the fact that such a tort ......

Analysis of Torts of Negligence and Battery
17th Feb 2021
Introduction: Critical analyse the protection of a patient's right to make an autonomous decision using the Torts of Negligence and Battery in medical law....

Homicide, Murder or Manslaughter
9th Feb 2021
Introduction: Homicide, Murder or Manslaughter. The victim has to be in being, ie a baby in the mother’s womb will not be considered as victim of homicide. Must be alive an independent of the mother....

Issues in Non-fatal Offences Against the Person in Law
9th Feb 2021
Introduction: In 1861, the Offences Against the Person Act (OAPA) was consolidated. This was the main statutory provision of the assault-related offences and they were ranked in some sort of hierarchy of seriousness in the terms of actus and mens rea....

First Term Criminal Assignment
9th Feb 2021
Introduction: For the evaluation of what offences have been committed in a crime there should be a clear presence of actus reus and mens rea, for the prosecution to prove the existence of both elements of an offence beyond reasonable doubt....

Criminal Law and Procedure
9th Feb 2021
Introduction: This assignment aims to consider the criminal liabilities of both Mr Stevens and Mr Edwards in regards to an incident that occurred on Monday 4th of October 2010 where a death of a man namely Mr Noname occurred. ...

Criminal Law Is There to Create Harmony
9th Feb 2021
Introduction: Criminal law is there to create harmony in the modern British society; to govern the way people behave (not like in the communist world). It is the......

The Concepts of Conduct and Causation
9th Feb 2021
Introduction: Considering the views expressed above, write a critical analysis of the concepts of conduct and causation as interpreted by the courts....

Outline the Basic Elements of a Crime
9th Feb 2021
Introduction: A crime is an action that is forbidden by the courts or by Parliament. Two basic and the most important elements of crime are mens rea and actus......

The Distribution of Power in UK Government
9th Feb 2021
Introduction: The doctrine of separation of powers dictates that government power should not be concentrated in the hands of one person or one body, to avoid tyranny....

Effect of UK Anti-terrorism Legislation on Human Rights
9th Feb 2021
Introduction: The law on terrorism in the United Kingdom has been described as ‘an unmitigated disaster. In todays society the threat of terrorism is at a dangerous level and the legislation in place has been unstable to say the least....

Human Rights Act on Criminal Justice System
9th Feb 2021
Introduction: With a view to critically evaluating the Human Rights Act (HRA) 1998s impact upon the criminal justice system, this essay will begin by first ......

Impact of the Human Rights Act
9th Feb 2021
Introduction: In seeking to be able to critically examine the above quotation in terms of the effect and impact of the Human Rights Act (HRA) 1998 upon ......

Human Rights Act Responsibilities and Freedoms
9th Feb 2021
Introduction: The Human Rights Act 1998… has transformed our system of law into one of positive rights, responsibilities and freedoms, where before we had only the freedom to do what was not prohibited...

Murder is Not Defined
6th Jan 2021
Introduction: The Dividing Line Between The Offences Of Murder And Involuntary Manslaughter Is Unacceptably Blurred And Does Not Ensure That Only The Most Morally Culpable Offenders Receive The Mandatory Life Sentence....

Assessment of Costs | LPC Help
6th Jan 2021
Introduction: LPC - Legal Practice Course Help Guide. Assessment of Costs in civil courts - summary assessment of costs....

Issue of Self-defence
6th Jan 2021
Introduction: The applied issue of self-defence is whether actus rea was present. The case of Munir Hussain highlights the issue of when self-defence goes beyond the remit of law and the act becomes grievous bodily harm (GBH)....

AG Securities v Vaughan [1990]
5th Jan 2021
Introduction: AG Securities possessed a long lease of a four bedroom property which was rented to Vaughan and three other individuals......

Great Peace Shipping v Tsavliris 2003 QB 679
5th Jan 2021
Introduction: The defendants, Tsavliris Salvage International Ltd, were a company that offered salvaging facilities to ships in the South Indian Ocean that needed......

Cooper v Phibbs - 1867
5th Jan 2021
Introduction: The complainant, Mr Cooper, was the nephew of the owner of the salmon fishery near Ballysadare, Ireland. He leased this salmon......

Leaf v International Galleries - 1950
5th Jan 2021
Introduction: The plaintiff purchased a picture from the defendants who represented that it was painted by the artist, J. Constable. Five years later, the plaintiff......

Hartog v Colin and Shields - Summary
5th Jan 2021
Introduction: The defendants, Colin and Shields, were hide merchants that were based in London. The complainant, Hartog, was a furrier from Belgium....

Shirlaw v Southern Foundries Ltd
5th Jan 2021
Introduction: Shirlaw was appointed managing director of Southern Foundries (SF) for a fixed term of ten years. SF was taken over by another company......

Holwell Securities v Hughes
5th Jan 2021
Introduction: The complainants posted a letter agreeing to this option by Dr Hughes and this was done five days before the six-month expiry....

Gibson v Manchester City Council - 1979
5th Jan 2021
Introduction: The defendant City Council had adopted a policy of selling council houses to its tenants. The claimant was a tenant of such a council house......

Bunge Corporation v Tradax Export
5th Jan 2021
Introduction: A party contracted to purchase 15,000 tons of US soya bean meal, to be shipped in three shipments. Under the standard form of contract......

Sale of Goods Act 1979
5th Jan 2021
Introduction: The Sale of Goods Act codified various provisions, such as the formation of contract, which was already prevalent and well-established in common law....

Bull v Bull - 1955
5th Jan 2021
Introduction: A mother and son jointly purchased a property, however the son contributed a greater proportion of the original purchase price......

R v Howe [1987] AC 417
5th Jan 2021
Introduction: In the first case, the two appellants, Howe and Bannister, and the victim were driven by M to an isolated area, where they assaulted......

St Helen's Smelting Co v Tipping - 1865
5th Jan 2021
Introduction: The claimant was the owner of a large country house with over a thousand acres of land. This land was close to a copper smelting factory which had long......

Ancell v McDermott
5th Jan 2021
Introduction: The first defendant, while driving his car, ran over an aluminum tube which had fallen from the fourth defendant’s truck, ruptured his fuel tank, leaving......

Stovin v Wise - 1996
5th Jan 2021
Introduction: A local authority was aware that a bank of land was obstructing the view at a junction where three accidents had occurred in the previous twelve years....

Barrett v Ministry of Defence
5th Jan 2021
Introduction: The plaintiff was the widow of the deceased, who was a British naval army serviceman. He died of asphyxiation on his own vomit after......

Kent v Griffiths - 2000
5th Jan 2021
Introduction: The plaintiff, Kent, was pregnant and had asthma. She was attended by her GP who dialled 999 and requested an ambulance to take......

Capital and Counties v Hampshire CC
5th Jan 2021
Introduction: The decision is on three conjoined appeals from three separate decisions. Hampshire County Council (HCC) – the defendant, appealed a decision that the......

Knightley v Johns - 1982
5th Jan 2021
Introduction: Mr Johns was driving negligently and this resulted in a crash where his car overturned near the exit of a tunnel. Due to the crash, two police officers......

Hill v Chief Constable of West Yorkshire
5th Jan 2021
Introduction: The plaintiff’s 20-year-old daughter was attacked at night in a city street and died from her injuries. The defendant was a chief constable of the area in......

Parsons (Livestock) v Uttley Ingham
5th Jan 2021
Introduction: Parsons ordered a bulk storage hopper to store pignuts to feed their top-grade pigs from the defendants. When installing the hopper, the defendants failed......

Avon Insurance v Swire Fraser - Facts
4th Jan 2021
Introduction: The claimant was a stop loss insurance company which made a claim against the defendant insurance brokers under the Misrepresentation Act 1967......

Spurling v Bradshaw - 1956
4th Jan 2021
Introduction: Bradshaw alleged Spurling were negligent, and in breach of an implied term to take reasonable care of the barrels because they had left them......

Alan v El Nasr
4th Jan 2021
Introduction: This case concerns the sale of coffee beans between a Kenyan coffee business (A) and a Tanzanian based buyer (El Nasr), who then resold the product....

D & C Builders v Rees
4th Jan 2021
Introduction: The builders sought payment from Rees for building work done and materials supplied in respect of alterations and repairs completed on Rees’ shop....

Matrimonial Causes Act 1973
4th Jan 2021
Introduction: The Matrimonial Causes Act 1973 (MCA 1973) is the law within England and Wales that governs divorce. Prior to the enactment of the MCA 1973, the first law that governed divorce was the Matrimonial Causes Act 1857 (MCA 1857)....

Hammond v Mitchell [1991]
4th Jan 2021
Introduction: Cohabitee seeking equitable interest in property held in sole name of former partner....

Lavarack v Woods of Colchester
4th Jan 2021
Introduction: Lavarack was employed by Woods of Colchester (WOC). Under the employment contract, he was to earn £4,000 per year and such bonuses as the directors......

Davis v Johnson
30th Dec 2020
Introduction: Exclusion orders of a cohabiting joint tenant from a matrimonial home under the Domestic Violence and Matrimonial......

Merritt v Merritt - 1970
30th Dec 2020
Introduction: Mr Merritt contended the agreement was a domestic arrangement between husband and wife and there was no intention to create legal relations......

Campbell v Mirror Group Newspapers - 2004
30th Dec 2020
Introduction: The claimant was supermodel Naomi Campbell (C). She had made public statements that she did not take drugs. The defendant newspaper published......

R v Khan [1990] 2 All ER 783
30th Dec 2020
Introduction: Four men, Mohammed Iqbal Khan, Mahesh Dhokia, Jaswinder Singh Banga and Navaid Faiz (A) were charged with the attempted rape of a......

Coroners and Justice Act 2009
30th Dec 2020
Introduction: The Coroners and Justice Act 2009 ('the Act') changes the law on coroners and criminal justice in England and Wales. The Act is divided into nine parts......

Eastham v Newcastle United Football Club
30th Dec 2020
Introduction: The governing body of football in England (FA) provides that a player must register with the association of his club and while so registered......

R v Allen
30th Dec 2020
Introduction: Mr Allen consumed homemade wine that unknowingly to him was much stronger than he initially thought. As such, it had a much stronger......

Street v Mountford
30th Dec 2020
Introduction: The respondent, Street, granted a licence to the appellant, Mountford, to occupy two rooms at a weekly rent subject...

Matharu v Matharu (1994)
30th Dec 2020
Introduction: The claimant allowed his son and daughter-in-law to live on his property as their family home for many years....

Dillwyn v Llewelyn [1862]
30th Dec 2020
Introduction: A father signed a memorandum leaving his farm to his son. However, this memorandum was not executed by deed....

Ashburn Anstalt v Arnold
30th Dec 2020
Introduction: The defendant was the successor-in-title to a company which persuaded the claimant to sell his lease to the company in exchange for a promise......

Lloyds Bank v Rosset
30th Dec 2020
Introduction: The defendant, Mrs Rosset, was married to Mr Rosset, who was the sole registered owner of the property in question....

Royal Bank of Scotland v Etridge (No 2)
30th Dec 2020
Introduction: The case concerned eight joined appeals in which homeowners had mortgaged their houses to secure loans used by the husbands for their respective......

Eves v Eves - 1975
30th Dec 2020
Introduction: The woman sought a declaration that she held a beneficial interest in the home. The woman contended the house had been jointly acquired…...

Douglas v Hello Ltd
30th Dec 2020
Introduction: The Douglases were a celebrity couple who sold exclusive photography rights of their wedding to OK! Magazine. An unauthorised freelance photographer gained access to the wedding....

Nimmo v Alexander Cowan and Sons Ltd
29th Dec 2020
Introduction: An employee of a factory was unloading railway wagons filled with bales of pulp for which he was required on some bales....

DPP v Smith - 1961
29th Dec 2020
Introduction: Jim Smith (S) was ordered by a police constable to stop his car which contained stolen goods, however S accelerated instead....

Edgington v Fitzmaurice - 1885
29th Dec 2020
Introduction: The directors of a business provided a prospectus which contained a range of debentures, in order to invite subscriptions. The directors stated......

Nottingham Patent Brick v Butler - 1886
29th Dec 2020
Introduction: The owner of land divided it into thirteen plots and sold these to various buyers over a period of three years. The conveyances all contained covenants......

With v O’Flanagan - 1936
29th Dec 2020
Introduction: The claimant entered into negotiations with the defendant for the purchase of the defendant’s medical practice. During the negotiations......

Smith v Chadwick - 1884 - Case Summary
29th Dec 2020
Introduction: The prospectus of a company, which was created for the purposes of a takeover of an ironworks enclosed the following statement......

Horsfall v Thomas - 1862
29th Dec 2020
Introduction: The plaintiff was employed by the defendant to make him a steel gun which the defendant would pay for with two bills of exchange....

Heilbut, Symons & Co v Buckleton - 1913
29th Dec 2020
Introduction: Emphasised the role of intent where one party makes a promise to another where one party may opt to rely upon that information in choosing to contract......

Esso Petroleum v Mardon - 1976
29th Dec 2020
Introduction: The plaintiff, Mr Mardon, entered into a tenancy agreement with the defendant, Esso Petroleum, in respect of a petrol station owned by the latter....

Storer v MCC 1974
29th Dec 2020
Introduction: The defendant City Council refused to proceed with the sale of a council property to the claimant under an arrangement which had been agreed......

Watford Electronics v Sanderson - Summary
29th Dec 2020
Introduction: The claimant was a family owned business involved in the sale, largely through mail order, of computer equipment. When the claimant company moved......

R v Clarence
29th Dec 2020
Introduction: The defendant, Charles James Clarence (CJC) was charged for unlawfully inflicting grievous bodily harm upon his wife Selina Clarence (SC) and......

R v Dica - 2004
29th Dec 2020
Introduction: The defendant, Mohamed Dica was charged with inflicting two counts of grievous bodily harm under s 20 of the Offences against the Person Act 1861....

Sweet v Parsley [1970] AC 132
29th Dec 2020
Introduction: The appellant, Stephanie Sweet (S), was a sub-tenant of a farmhouse, where cannabis resin was found. S no longer lived in the house and had......

R v Church - 1966
29th Dec 2020
Introduction: Mr Church and the victim were in a van for sexual purposes. The victim started mocking him and a fight ensued. He knocked the victim semi-conscious....

Hunter v British Coal
29th Dec 2020
Introduction: The claimant (C) was driving along a roadway in a mine owned by the defendant company (D) when he drove into a hydrant, causing it to leak water....

Dooley v Cammell Laird - 1971
29th Dec 2020
Introduction: The claimant (C) was a crane operator working for the defendant (D). C was loading cargo from a quay onto a ship when the rope carrying the load snapped....

Chadwick v British Railways Board - 1967
29th Dec 2020
Introduction: The claimant, Henry Chadwick (C) was described as a cheerful man who was active in his local community and ran a well-known window cleaning company....

McLoughlin v O'Brian - Full Case
29th Dec 2020
Introduction: The husband of the claimant (C) and their children were involved in a road traffic accident at around 4 p.m. with a lorry driven......

Bourhill v Young - 1943
29th Dec 2020
Introduction: Mr Young had been negligently riding his motorcycle and was responsible for a collision with car in which he himself suffered fatal injuries....

Ghaidan v Godin-Mendoza Case Summary
29th Dec 2020
Introduction: Ghaidan v Godin-Mendoza [2002] EWCA Civ 1533; [2004] UKHL 30. Succession by a homosexual partner to statutory tenancy...

Kay v Lambeth LBC
22nd Dec 2020
Introduction: The appellants appealed against decisions that Art.8 provided no defence to possession applications....

Wainwright v Home Office
22nd Dec 2020
Introduction: The claimants were strip-searched for drugs on a prison visit. At trial, the judge found trespass against the person in relation......

Ireland v United Kingdom (1979-80) 2 EHRR 25
22nd Dec 2020
Introduction: Case Summary of Ireland v United Kingdom (1979-80) 2 EHRR 25. Article 3 of the European Convention of Human Rights (ECHR), freedom from torture....

The Human Rights Act 1998
22nd Dec 2020
Introduction: The Human Rights Act 1998 was one of the first pieces of legislation to be enacted by the new government. It is an important constitutional instrument......

R v Olugboja
22nd Dec 2020
Introduction: The defendant and the co-accused met the complainant and her friend at a discotheque and offered to take them home. However, the defendant......

R v Bree 2007 Case Summary
22nd Dec 2020
Introduction: R V Bree [2007] EWCA Crim 256. Benjamin Bree, sexual offences relating to consent when intoxicated and rape....

R v Majewski
22nd Dec 2020
Introduction: The appellant (M) was convicted following a brawl in a pub in which he assaulted the landlord and customers and the police officers who arrested......

Pennyfeathers Ltd v Pennyfeathers Property
22nd Dec 2020
Introduction: The key issues were whether the obligations of the second and third defendants as directors of the first claimant were superseded by the buy-out agreement AND......

Brinkibon v Stahag Stahl - 1983
22nd Dec 2020
Introduction: Brinkibon Ltd later wanted to sue Stahag Stahl for breach of contract and applied to serve an out of jurisdiction party....

Adams v Lindsell | Contract Law Case | Law Teacher
22nd Dec 2020
Introduction: The case of Adams v Lindsell (1818) 1 B & Ald 681 is taught to university law students when studying offer and acceptance. It is often thought by students to have set a rather strange precedent....

Consumer Rights Act 2015
22nd Dec 2020
Introduction: The Consumer Rights Act 2015 (the “CRA 2015”) is generally regarded as a significant piece of legislation in the area of consumer rights. Read our summary here....

The Supply of Goods and Services Act 1982
22nd Dec 2020
Introduction: The Supply of Goods and Services Act 1982 was an early attempt to provide consumers greater protection when they purchased a good or service......

Johnstone v Bloomsbury Health Authority
22nd Dec 2020
Introduction: Dr Johnstone, a junior doctor at University College Hospital was required under his employment contract to work 40 basic hours......

Wilsons and Clyde Co v English
22nd Dec 2020
Introduction: The defendants had employed the complainant, Mr English. He was working on a repair to an airway on the Mine Jigger Brae, which was used as part of......

Hadley v Baxendale - 1854
22nd Dec 2020
Introduction: The claimant contended that the defendant had displayed professional negligence and attempted to claim for the loss of profit resultant......

Beswick v Beswick - 1968
22nd Dec 2020
Introduction: PB was in poor health and agreed with the defendant, his nephew, that he would transfer the trade and good will of his coal business to him on the basis......

Long v Lloyd - 1958
22nd Dec 2020
Introduction: The plaintiff was a haulage contractor who saw an advert for the sale of a lorry which was described as in ‘exceptional condition’....

Karsales v Wallis - Case Brief
22nd Dec 2020
Introduction: The Defendant (Mr Wallis) agreed to buy a used car if the vendor was able to find a company with which the Defendant could enter into a hire-purchase......

Photo Production v Securicor - 1980 AC 827
22nd Dec 2020
Introduction: The issue in this case was whether the doctrine of fundamental breach applied and was relevant, and whether an exclusion clause could be effective......

Alexander Barton v Armstrong - Summary
22nd Dec 2020
Introduction: Barton and Armstrong were major company shareholders. Following a meeting, it was agreed that Barton would buy Armstrong’s interest....

Byrne and Co v Van Tienhoven
22nd Dec 2020
Introduction: The defendants wrote a letter, on October 1, to the plaintiffs offering the sale of 1000 boxes of tin plates. The defendant was based in Cardiff......

Brogden v Metropolitan Rly Co
22nd Dec 2020
Introduction: The issue in this case was whether there was a contract between Brogden and the Metropolitan Railway and if the written agreement they had was valid....

Henthorn v Fraser - 1892
22nd Dec 2020
Introduction: The issue in this case concerned the revocation of the offer. This was completed before the postal acceptance of the offer was received....

Fisher v Bell Summary
22nd Dec 2020
Introduction: The defendant shopkeeper displayed in his shop window a flick knife accompanied by a price ticket displayed just behind it......

Carlill v Carbolic Smoke Ball Co - 1893
22nd Dec 2020
Introduction: The defendant, the Carbolic Smoke Ball Company, placed an advertisement in a newspaper for their products, stating that any person who purchased and......

Hyde v Wrench - 1840
22nd Dec 2020
Introduction: The complainant brought an action for specific performance, claiming that as Mr Wrench refused to sell the farm, this was a breach of contract....

Lipkin Gorman v Karpnale Ltd
22nd Dec 2020
Introduction: The plaintiffs were a firm of solicitors at which Cass was a partner. Cass was a compulsive gambler and dishonestly obtained money from the firm’s bank......

Derry v Peek - 1889
22nd Dec 2020
Introduction: In the prospectus released by the defendant company, it was stated that the company was permitted to use trams that were powered by steam......

Entores v Miles Far East Corporation
22nd Dec 2020
Introduction: The court held that the contract and damages were to be decided by English law. It was stated that the postal rule did not apply for…...

Bell v Lever Bros - 1932
22nd Dec 2020
Introduction: Mr Bell was the managing director for five years of a company that was owned by Lever Bros Ltd. Mr Bell had traded for personal......

Dick Bentley v Harold Smith
22nd Dec 2020
Introduction: Issue is whether the defendant’s statement as to the quality of the vehicle could be deemed a term of contract given his expertise as a prestige car dealer....

Edwards v Skyways Ltd
22nd Dec 2020
Introduction: An airline company in financial difficulties was making a number of its pilots redundant. The airline company agreed with......

Lampleigh v Braithwaite - Full Case
22nd Dec 2020
Introduction: The defendant, Braithwaite, killed a man. He asked the plaintiff, Lampleigh to secure him a pardon from the king. The plaintiff spent many days doing this......

L'Estrange v Graucob - 1934
22nd Dec 2020
Introduction: Affirmed that the clauses of a written contract are binding on the signatories, even where a party is unaware of the contract's full contents....

Tweddle v Atkinson - Case
22nd Dec 2020
Introduction: It was held that the groom was not a part of the agreement between the fathers and he did not provide any consideration for the promise made......

Hartley v Ponsonby - (1857)
22nd Dec 2020
Introduction: The captain, in order to persuade the remaining crew to man the vessel, promised them extra wages. When the vessel returned to the UK he refused to pay....

Stilk v Myrick 1809 - Case Summary
22nd Dec 2020
Introduction: Stilk v Myrick is a case that was decided over 200 years ago but nonetheless the principle that it developed remains a core feature of the law of contract......

Currie v Misa - Summary
22nd Dec 2020
Introduction: Lizardi & Co. sold a number of bills of exchange to Mr. Misa, drawn from a banking firm owned by Mr. Currie, and were to be paid on the next day....

Partridge v Crittenden - 1968
22nd Dec 2020
Introduction: The defendant advertised for sale a number of Bramblefinch cocks and hens, stating that the price was to be 25 shillings for each....

Consideration Cases | Contract Law
22nd Dec 2020
Introduction: Cases on consideration, contract law. Since 2003 Law Teacher have been the law essay professionals. As the first law essay company in the UK, we know how to get you great marks....

Home Office v Dorset Yacht Co Ltd
22nd Dec 2020
Introduction: Seven boys detained in a bostral – a type of youth detention centre, were working on an island under the supervision of three officers....

Knight v Knight (1840) 3 Beav 148
22nd Dec 2020
Introduction: Case Summary of Knight v Knight (1840) 3 Beav 148. Private express trusts must demonstrate the 'three certainties'....

Murphy v Brentwood District Council
21st Dec 2020
Introduction: The defendant local authority had negligently approved plans for the footings of a house (a task which fell within its responsibility in accordance with......

Osman v Ferguson - 1993
21st Dec 2020
Introduction: P, a school teacher, formed an unhealthy attachment to a 15-year-old male pupil. P repeatedly harassed the pupil. In May 1987, P changed his surname......

Prohibition and Misuse of Drugs Act
17th Dec 2020
Introduction: A drug has been described in the Oxford Dictionary as: “a medicine or other substance which has a physiological effect when ingested ......

For Liability in Negligence to Arise
17th Dec 2020
Introduction: The defendant owes the claimant a duty of care; (2) the defendant has acted in breach of that duty, and (3) as a result, the claimant has......

Reforming the Law on Director’s Duties
17th Dec 2020
Introduction: Director’s duties have received considerable attention over the years and are pending reform, largely in the form of a statutory statement of duties....

A Law of Tort Problem Question
17th Dec 2020
Introduction: Negligence is one of the areas of tort upon which an injured individual can claim compensation for damages when another party is liable for damages caused....

Elements of Tort of Negligence
17th Dec 2020
Introduction: Negligence simply refers to failure to use reasonable care. In common law negligence is explained as the action taken that contradicts with what ......

Are the Claimants Owed Duty of Care
17th Dec 2020
Introduction: As the three potential cases refer to the breach of duty of care it would appear important to firstly decide if the claimants were in fact owed ......

Law Reform Lecture
14th Dec 2020
Introduction: Law Reform. eart-breaking delays and ruinous costs were the lot of suitors. Justice was dilatory, expensive, uncertain, and remote....

Law of Omissions is too Narrow
14th Dec 2020
Introduction: The law of omissions is too narrow, reflecting a nineteenth century laissez faire attitude to social obligations which should be consigned to history....

Limitation Act 1980
11th Dec 2020
Introduction: Limitation periods enforce time limits within which a party must bring a claim, or give notice of a claim to the other party....

Debates on the Human Rights Act
11th Dec 2020
Introduction: Human Rights are those rights that are deemed to belong to all individuals by virtue of their humanity. Previously, these rights were referred ......

Youth Justice and Criminal Evidence Act 1999
9th Dec 2020
Introduction: One of the practical realities affecting the criminal justice system is that the success or failure of many criminal prosecutions depends largely......

CHILDREN ACT 1989
8th Dec 2020
Introduction: In 1984 the Department of Health published a review which found that the current law relating to children was unsatisfactory, mainly because......

Separate Legal Personality
7th Dec 2020
Introduction: The case of Salomon v A. Salomon & Co. Ltd established the principle of separate legal personality as was provided in the Companies Act of 1862 and as it is still provided in the Companies Act of 2006 under the United Kingdom Company Law....

Risks of Corporate Bribery and Corruption
4th Dec 2020
Introduction: There are a number of actions which a firm can take to help reduce the risks of bribery and corruption violations. There are six principles which, if in place, can mitigate the risks to organisations....

Equity Common Law Appliance in India
3rd Dec 2020
Introduction: Equity, Common law and its Appliance in India: A Study Abstract The scope of this paper is trace the history and development of equity and also ......

Common Law Is Case Law Made by Judges
3rd Dec 2020
Introduction: Common law is case law made by Judges which establishes legal precedents arising from disputes between one person and another [1]. It differs from ......

How Judges Should Develop the Common Law
3rd Dec 2020
Introduction: The traditional UK constitutional account of Parliamentary sovereignty holds that Parliament has “the right to make or unmake any law whatever ......

The Historical Development of Equity Law
3rd Dec 2020
Introduction: 'It is also necessary to understand that equitable principles are distinctive from, but not necessarily incompatible with, those of common law.'...

Joint Tenancy and Tenancy-in-Common
3rd Dec 2020
Introduction: Joint tenancy and tenancy-in-common are examples of concurrent estates which are held by more than one owner. Therefore, both are instances where property is owned by more than one owner....

Equity is a Separate System of Law
3rd Dec 2020
Introduction: Above statement clearly emphasize the fact that the equity is a separate system of law and it also moderate the common law and helps to soft the common law....

Equity Had to Supplement the Common Law
3rd Dec 2020
Introduction: The concept of equity derived in order to balance fair results in some individual circumstances. In the past there were some strict decisions in ......

Rule of Justice over Rule of Law
3rd Dec 2020
Introduction: We need rule of justice, rule of law may not be just and rule of law is not enough. Above all, always be capable of feeling deeply any injustice ......

Access to Justice and Rule of Law
3rd Dec 2020
Introduction: The Greek philosopher, Plato, believed that law should provide inner harmony and justice in the State and that law and justice could be used ......

The Absence of Judicial Authority
3rd Dec 2020
Introduction: Jowell's statement concerning the constitutional status of the Rule of Law raises three central issues in British constitutional theory....

Dicey and the Rule of Law
3rd Dec 2020
Introduction: The rule of law is an essential element of constitutionalism and upholding the democratic system of government....

Strict Liability
1st Dec 2020
Introduction: In Criminal Law strict liability is an offence that is imposed despite at least one element of mens rea being absent thus the reticence of the courts to impose such liability without this crucial element being present....

Offences Against the Person Act 1861
1st Dec 2020
Introduction: The Act was one of a number of pieces of legislation in the same year to consolidate numerous areas of law into single pieces of legislation....

Models For Understanding Criminal Justice
1st Dec 2020
Introduction: Criminal justice system is a system of study and application of laws as means of controlling crime, at the same time ensuring justice is upheld ......

Neighbour Principle
24th Nov 2020
Introduction: In the law of negligence, the neighbour principle enunciated by Lord Atkin in Donoghue v Stevenson (1932) AC 562, 580 provides an adequate basis on which to resolve duty of care questions Discuss...

Negligence Formula is Unfair to Claimants
24th Nov 2020
Introduction: The negligence formula is unfair to claimants as it places too many obstacles in the way of obtaining compensation for personal injuries. England & Wales should adopt an alternative system of redress to allow claimants to obtain the compensation they deserve...

The Judge's Role in England
23rd Nov 2020
Introduction: The principle of parliamentary sovereignty is fundamental in English legal system, and this is reflected in statutory interpretation. According to......

Rules of Statutory Interpretation
23rd Nov 2020
Introduction: The primary aim of this essay is to explain the reasons and application of rules of statutory interpretation. The secondary aim of this essay is ......

The Interpretation of Statute
23rd Nov 2020
Introduction: The constitutional role of the courts is simply to interpret and to apply points of law derived from Acts of Parliament and delegated ......

Statutory Interpretation Essay
23rd Nov 2020
Introduction: Statutory interpretation is process of interpreting statutes by the judges. The word of interpretation gives us thought that Act of Parliament is difficult to be understood but conversely, the definition of statutes have had very specific words but indeed...

Firm of Auditors Employed
23rd Nov 2020
Introduction: Z & Partners is a firm of auditors employed by X plc. Fred, the Chief Executive of X plc, asked Z & Partners to prepare some special accounts concerning X plc, telling them that he wanted to review the company...

Recovery of Economic Loss in Negligence
23rd Nov 2020
Introduction: Answer the following questions, within the word limit set for each. What is the distinction between consequential economic loss and pure economic ......

Tort is the Branch of Law
23rd Nov 2020
Introduction: A tort is the branch of law which provides redress of a legal wrong. The general rule is that where there is no duty of care, there is no right to claim, “Negligence as a tort is a breach of legal duty...

The Ground for Actions and Any Defences
23rd Nov 2020
Introduction: In the case of Murphy v Brentwood, the defendant being the Local Authority had failed to inspect the foundations of a building. The foundations......

Concept of Vicarious Liability
23rd Nov 2020
Introduction: Explain the economic logic behind laws related to the concept of vicarious liability The simple definition of vicarious liability is where ......

Who is Liable for Torts of Pranksters on YouTube?
23rd Nov 2020
Introduction: This essay will analyse duty of care implications related to foreseeability, relational proximity with an emphasis on policy considerations to limit the scope of indeterminacy. ...

Concept of Unconscionably Basis for Estoppel
23rd Nov 2020
Introduction: Introduction. The concept of unconscionably as a basis for estoppel is a fairly recent concept adopted by the courts. While the courts of Chancery ......

The Nature and Purpose of Equity
23rd Nov 2020
Introduction: The term “equity” is in a general sense, associated with notions of fairness, morality and justice. It is an ethical jurisdiction....

Possession of the Cottage
23rd Nov 2020
Introduction: The bank is now seeking possession of the cottage (“the house”) with the view of selling it upon Joey’s default on the mortgage payment....

Supremacy European Community Law
18th Nov 2020
Introduction: The supremacy of Community law has most defiantly undermined the principle of Parliamentary sovereignty in the constitution of the United Kingdom. ...

Parliamentary Sovereignty Part of UK Constitution
18th Nov 2020
Introduction: Parliamentary sovereignty is a fundamental part of the UK’s constitution, it is where Parliament is the supreme legal authority, which has the power to create or end any law....

Parliamentary Sovereignty in the UK after HRA
18th Nov 2020
Introduction: In order to approach this question it is necessary to focus on a variety of issues. In order to determine if parliamentary has been overturned or refined by the Human Rights Act (HRA) 1998...

Most Important Feature of a Company
18th Nov 2020
Introduction: Introduction In today’s world where business has become very complex and production is done on a large scale requiring large amount of funds ......

Ultra Vires and Third Party Rights
18th Nov 2020
Introduction: Ultra vires in company law is used to indicate an act of the company which is beyond the powers conferred ......

The Reform of the Ultra Vires Rules
18th Nov 2020
Introduction: S (31) (1) of the Companies Act 2006 is a retrograde step in terms of a company’s capacity. The provision re assert the ultravires problem ......

Significance of the Memorandum of Association
18th Nov 2020
Introduction: There can be no doubt that the significance of the Memorandum of Association (“Memorandum”) has gradually diminished ever since the first limited companies were recognised under English law over 150 years ago....

The Doctrine of Privity in Outline
9th Nov 2020
Introduction: It is proposed to introduce the doctrine of privity in outline in Part A. In Part B, the purposes behind the Contract (Rights of Third Parties) Act 1999 (hereafter “the Act”) will be analysed in light of judicial criticism...

Critical Study of Privity of Contracts
9th Nov 2020
Introduction: INTRODUCTION Only a person who is a party to a contract can sue on it’ or’ a stranger to a contract cannot sue’ is an axiomatic principle of ......

Reforms of Doctrine of Privity
9th Nov 2020
Introduction: It is proposed to introduce the doctrine of privity in outline in Part A. In Part B, the purposes behind the Contract ......

Rules of Contract Law Tutorials
9th Nov 2020
Introduction: The general rule for the doctrine of privity imposes that only the parties to a contract are entitled to take action in order to enforce it so ......

English Doctrine of Privity of Contract
9th Nov 2020
Introduction: The common law doctrine of privity of contract dictates that only persons who are parties to a contract are entitled to take action to enforce ......

Comparative Criminal Justice Goes Global
9th Nov 2020
Introduction: In inviting readers to share his ‘ world view' of criminal procedure, Richard Vogler has contributed another confident critical voice to the rising chorus of scholars expressing dissatisfactions......

Critically Discuss Mens Rea
9th Nov 2020
Introduction: Critically discuss to what extent, if at all, it is ever justifiable to hold responsible for criminal offences, those who possess no mens rea....

The Age of Criminal Responsibility
9th Nov 2020
Introduction: The United Nations Convention on the Rights of the Child (UNCRC) professes that anyone under the age of eighteen is a child....

Age of Criminal Responsibility
9th Nov 2020
Introduction: What does it mean to be a child in this modern era? Every person has experienced life as a child and could easily accumulate their own perspective, but that is exactly what it would be; a subjective definition that begins with infancy and ends when they reach adolescence....

Most Effective and Appropriate Solution
5th Nov 2020
Introduction: In response to the question I will address the said clients separately and advise on the most effective and appropriate solution for each client....

Constitution of Company and Relationships
5th Nov 2020
Introduction: ‘Section 31(1) of the Companies Act 2006 is a retrograde step in terms of a company’s capacity. The provision re-asserts the ultra ......

Scope of the Wednesbury Principle
5th Nov 2020
Introduction: Prima facie, it may seem irrelevant to ask the obvious question: Could it have possibly been the intention of the Parliament that any body should ......

The Classical Model of Contract Law
4th Nov 2020
Introduction: The classical model of contract law stated that for a contract to come into existence some specific elements must be present; intention to create legal relations, an offer followed by a matching acceptance,...

The Notion of Mistake
4th Nov 2020
Introduction: In the law of contract, the notion of mistake is arguably the most uncertain and difficult area. While it might appear that if one has concluded a contract by mistake,...

Offer and Acceptance Analysis
4th Nov 2020
Introduction: A ‘Construction contract’ is a legal agreement between two or more parties, based on the universal principles of contract law. ...

Investigating Tort Reform
4th Nov 2020
Introduction: For this question I have decided to investigate Tort reform. Tort law is designed to provide full compensation...

Tort Law is a Law of Wrongs
4th Nov 2020
Introduction: Tort law is a law of wrongs. The term tort entails wrong.[1] According to John (2005), Before tort was identified as a legal category in its own right, torts were known as private wrongs...

Contract Liability
4th Nov 2020
Introduction: A tort is a legal wrong. Tort law is a branch of the civil law; the other main branches are contract and property law....

Law of Torts
4th Nov 2020
Introduction: Torts are civil wrongs for which the injured party may seek legal redressal for.” The injured party in case of torts is entitled to claim ‘unliquidated damages...

Tort Law is Law of Wrongdoing
4th Nov 2020
Introduction: Tort Law’ is the law of wrongdoing. The basis of tort law is to enable a person who has been wronged to ask for compensation....

Cases on Mens Rea 2
3rd Nov 2020
Introduction: Cases on Mens Rea 2. The defendant struck a blow with his belt at Horace Chapple which recoiled off him, severely injuring an innocent bystander. The defendant was convicted of maliciously wounding the victim......

Law Has Addressed the Problems Facing Victims of Rape
3rd Nov 2020
Introduction: Prior to the Sexual Offences Act 2003 (SOA 03). The proscribed act of rape was defined as the non-consensual sexual intercourse and the guilty state of mind was the intention to commit it or recklessness as to consent....

Actus Reus of a Crime
3rd Nov 2020
Introduction: The aim of this essay is to explain how an actus reus of a crime can still be formed without an actual criminal activity taking place, and how an actus reus can be formed. It will also explain what an actus reus is and how it is formed....

Sexual Offences Act
3rd Nov 2020
Introduction: The main offences arising out of this particular case are relating to the Sexual Offences Act 2003 and the Offences Against the Person Act 1861.....

Cases on Actus Reus | Actus Reus Cases
3rd Nov 2020
Introduction: Cases on Actus Reus. A car driver was prosecuted for failing to give precedence to a pedestrian on a zebra crossing, but was acquitted....

Offence of Murder
3rd Nov 2020
Introduction: In this scenario, the offence of murder will be focused upon....

Commercial Law Appeal Case
3rd Nov 2020
Introduction: My report will be based on the appeal case between Cameron Mack and the Procurator Fiscal, Edinburgh. Mack will be appealing the sentence imposed, for the crime he committed, Breach of the Peace....

The Mens Rea for Murder
3rd Nov 2020
Introduction: The law of murder is a very complex area which goes back to the XI century when the criminal and civil law was distinguished for the first time. Those convicted of murder are subject to an automatic life sentence....

An Act Committed without Mens Rea
3rd Nov 2020
Introduction: Mens rea, a guilty mind or intent; usually one of the essentials of a crime. Mens rea is only one of two components of a crime, the other being the actus reus....

Stages in the Legislative Process
3rd Nov 2020
Introduction: Legislation, a set of laws that each individual is expected to follow and adhere to in order for society to remain a peaceful and crime free place....

Rights of Third Parties in Contract
2nd Nov 2020
Introduction: Discuss Why It Was Thought Necessary To Introduce The Contract (Rights Of Third Parties) Act 1999, And To What Extent The Act Overcomes The Judicial Criticism Levelled At The Privity Doctrine Prior To Its Enforcement....

Cases on Mens Rea
2nd Nov 2020
Introduction: Mens Rea Case Summaries. The defendant, in order to frighten Mrs Booth, her rival for the affections of Mr X, put burning newspaper through the letterbox of Booth's house and caused the death of two of her children....

Law and Ethics in Nursing
28th Sep 2020
Introduction: Tingle and Cribb (2002) identify that one of the key areas that highlights the development and maturing of nursing practice within recent years is ......

Replies and Requests for Information | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on replies under CPR Part 15 and requests for further information under Part 18 in civil litigation. Free LPC study guide on Civil Litigation....

Unlawfully and Unfairly Obtained Evidence | LPC Help
1st Jun 2020
Introduction: Unlawfully and Unfairly Obtained Evidence - The defendant has a right to a fair trial and therefore his trial team must consider issues surrounding the admissibility of unlawfully and unfairly obtained evidence....

Advising at the Police Station | LPC Help
1st Jun 2020
Introduction: Advising at the Police Station - The most important aspect to remember about police station attendance is to keep a thorough contemporaneous not of the process including all representations made by you, your client, the police or CPS....

Private Privilege | LPC Help
1st Jun 2020
Introduction: Private Privilege - Privilege prevents evidence from being disclosed. In criminal litigation the two types of privilege that may be claimed are......

First Client Meeting Menu | LPC Help
1st Jun 2020
Introduction: LPC guide to civil litigation - first client meeting and considerations for lawyers. Legal Practice Course Notes....

Enforcement of Judgements | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on enforcement of judgements, interest on debts and various writs available. Free LPC study guide on Civil Litigation....

Expert Evidence | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on expert evidence and instructing a single joint expert. Free LPC study guide on Civil Litigation....

First Client Meeting | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on the first client meeting and a lawyer's duties and responsibilities at this meeting. Free LPC study guide on Civil Litigation....

Pre-Action Protocols (Part 2) | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on pre action protocols in civil litigation - part 2 of a two part guide. Free LPC study guide on Civil Litigation....

Preliminary Steps | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on preliminary steps to taking a case in civil litigation such as the conflict of interests search. Free LPC study guide on Civil Litigation....

Contents of the Defence | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on the contents of the Defence, and the acknowledgement of service. Free LPC study guide on Civil Litigation....

Costs Information to the Client | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on costs information for the client and the Solicitor's Code of Conduct Requirements. Free LPC study guide on Civil Litigation....

Costs Information to the Client | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on Costs Information that must be given to the client, and funding options. Free LPC study guide on Civil Litigation....

Format of the First Meeting | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on the first meeting with the client and the format it takes. Free LPC study guide on Civil Litigation....

Responding to a Claim | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on responding to a claim in civil litigation including filing an admission. Free LPC study guide on Civil Litigation....

Responding to a Claim Menu | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on responding to a claim, including filing a defence, in civil litigation. Free LPC study guide on Civil Litigation....

Award of Costs (Part 1) | LPC Help
1st Jun 2020
Introduction: LPC guide to award of costs in civil litigation. Legal Practice Course revision on how costs are awarded in a civil case....

Award of Costs (Part 2) | LPC Help
1st Jun 2020
Introduction: LPC guide to award of costs in civil litigation. Standard and Indemnity basis of costs awards in our legal Practice Course revision on how costs are awarded in a civil case....

Case Management | LPC Help
1st Jun 2020
Introduction: LPC guide to case management for civil litigation cases. Active case management revision notes for the litigation process. Legal Practice Course Information....

The Defence | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on the Defence including admissions and denials. Free LPC study guide on Civil Litigation....

Pre Action Matters Menu | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on pre action matters including the capacity to be sued and to sue. Free LPC study guide on Civil Litigation....

Pre-Action Protocols Menu | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on the pre action protocols including information on the personal injury pre action protocol. Free LPC study guide on Civil Litigation....

Alternative Dispute Resolution (Part 2) | LPC Help
1st Jun 2020
Introduction: LPC Guide to Alternative Dispute Resolution (ADR). Advantages of ADR, ADR and the Courts, staying proceedings for ADR. Expert LPC revision guide on ADR, alternative dispute resolution and civil litigation....

Allocation Questionnaire | LPC Help
1st Jun 2020
Introduction: LPC guide to the Allocation Questionnaire, form N150, or N149 in the Small Claims Track. Legal Practice Study Guide for Civil Litigation....

Costs Menu | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on award of costs and costs considerations. Free LPC study guide on Civil Litigation....

Costs Orders | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on Costs Orders, Costs in Any Event, Costs in the Case and Costs Reserved. Free LPC study guide on Civil Litigation....

The Counterclaim | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on the Counterclaim and CPR Rule 20. Free LPC study guide on Civil Litigation....

Court Hearings | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on types of court hearings including paper applications and conference hearings by telephone. Free LPC study guide on Civil Litigation....

Culture of Modern Litigation | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on modern litigation culture and resolving disputes in civil litigation. Free LPC study guide on Civil Litigation....

Money Laundering Regulations | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on the Money Laundering Regulations and the responsibilities they place on lawyers. Free LPC study guide on Civil Litigation....

Part 36 Offers | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on Part 36 offers under Part 36 of the Civil Procedure Rules. Free LPC study guide on Civil Litigation....

Starting Court Action Menu | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on starting court action including the statement of value. Free LPC study guide on Civil Litigation....

Starting Court Action | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on starting court action including the contents of the claim form. Free LPC study guide on Civil Litigation....

Statement of Value | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on the statement of value under CPR. 16.3. Free LPC study guide on Civil Litigation....

Taking on Clients | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on new clients under the Solicitor's Code of Conduct Rules 2007. Free LPC study guide on Civil Litigation....

Drafting Statements of Case | LPC Help
1st Jun 2020
Introduction: Legal Practice Course revision notes on drafting statements of case including info on the particulars of claim. Free LPC study guide on Civil Litigation....

Hearsay Evidence | LPC Help
1st Jun 2020
Introduction: Hearsay Evidence - Hearsay evidence is an out of court statement which is repeated in court for the purpose of proving the truth...

The Law and Practice Relating to Court Bail | LPC Help
1st Jun 2020
Introduction: The Law and Practice Relating to Court Bail - When the magistrates or crown court adjourn a case, it must be decided whether the defendant should be released on bail or remanded in custody....

Confession Evidence | LPC Help
1st Jun 2020
Introduction: Confession Evidence - It is important that you request a copy of any police interview tape and written transcript....

Crown Court Trial | LPC Help
1st Jun 2020
Introduction: Crown Court Trial - A not guilty plea in the plea and case management hearing would result in the judge setting a date for trial in the crown court....

The Decision to Prosecute | LPC Help
1st Jun 2020
Introduction: The Decision to Prosecute - Where there is sufficient evidence to charge the suspect this will be done at the police station...

Detention and Interrogation | LPC Help
1st Jun 2020
Introduction: Detention and Interrogation - The legal framework for treating suspects at police stations is dealt with in PACE 1984 and the Codes of Practice especially C....

Prosecuting an Either Way Offence | LPC Help
1st Jun 2020
Introduction: Prosecuting an Either Way Offence - Either way offences have been discussed above and include theft, burglary and assault occasioning actual bodily harm....

Sentencing Options | LPC Help
1st Jun 2020
Introduction: Sentencing Options - The court has a range of sentencing options in relation to an adult offender....

Summary Proceedings | LPC Help
1st Jun 2020
Introduction: Summary Proceedings - These will be held where the defendant has pleaded not guilty to summary only or an either way offence...

Witness Testimony | LPC Help
1st Jun 2020
Introduction: Witness Testimony - The witness will give evidence to the court in three stages: examination in chief cross examination and direct examination....

Youth Justice | LPC Help
1st Jun 2020
Introduction: Youth Justice - When defending youths you must always remember to work in accordance with the statutory duties of the youth justice system...

Appeals | LPC Help
1st Jun 2020
Introduction: Appeals - Reopening the case 142 MCA 1980: on conviction the defendant can ask the magistrates to set the conviction aside....

The Burden of Proof | LPC Help
1st Jun 2020
Introduction: The Burden of Proof - The legal burden of proof is that the prosecution has the responsibility of proving the defendants guilt....

General Principles of Sentencing | LPC Help
1st Jun 2020
Introduction: General Principles of Sentencing - Upon conviction a defendant will be sentenced by the crown court or magistrates court after pleading guilty...

Proposed Proceedings | BPTC Opinion
1st Jun 2020
Introduction: I have been asked by those instructing me to advise the proposed Claimant in this matter, Mr Young with regard to an incident on the 22nd of February 2006......

Partnership | BPTC Opinion
1st Jun 2020
Introduction: I am asked to advise the Defendant, Mr TURTON, in relation to a claim made by Mr Vincent. The case relates to shares claimed in the proceeds......

Employment Tribunal | BPTC Help
1st Jun 2020
Introduction: I am asked to advise the Respondent regarding issues relating to the employment of Miss TARA RYANS. This opinion will deal with the likelihood......

BPTC Case Preparation
1st Jun 2020
Introduction: I am asked to advise Ms Jones regarding personal injuries unfortunately suffered by her in an incident that occurred on the 4th February 2006......

Re-examination of Witnesses
5th May 2020
Introduction: Advocacy - Re-examination. Once a witness has given their evidence-in-chief and been cross-examined by the other side the solicitor may re-examine......

Differences Between Examination-in-chief and Cross-examination
5th May 2020
Introduction: Advocacy - Differences between examination-in-chief and cross-examination. With examination in chief the witness is allowed to tell their side of the story. In cross-examination you do not want the witness to tell the story. You indicate the point you wish to make and put it to the......

Civil Litigation | BPTC Help
5th May 2020
Introduction: Litigation in civil law involves any step that is taken before or in contemplation of action in the civil courts and usually involves an attempt......

Negotiation | BPTC Help
5th May 2020
Introduction: Negotiation is a type of conference that aims to achieve the mutual agreement of parties to a case through communication. This can be paper based......

Case Preparation | BPTC Help
5th May 2020
Introduction: Case preparation is an essential and important skill spanning all aspects of the role of a barrister in both civil and criminal practice....

Drafting | BPTC/BVC Help
5th May 2020
Introduction: Drafting is the creation of legal documents. There are numerous types such as statements of case, indictments, appeals, contracts and wills......

Opinion writing | BPTC Help
5th May 2020
Introduction: An opinion is a document stating advice on one or several issues arising in a case. It must contain considered advice but it is a working document......

Conferencing | BPTC Help
5th May 2020
Introduction: Conferencing can be done on paper but it is usually a chance to meet the client in person. This allows for their version of events to be heard......

Professional conduct | BPTC Help
5th May 2020
Introduction: Professional Conduct - In 1894 the Bar Council was established to provide regulation, representation and advice to Barristers....

Law Degree Coursework Help
5th May 2020
Introduction: Degree Level Coursework. As coursework is usually marked anonymously you must make sure that your name does not appear on the title page......

Final Law Essay Evaluation
5th May 2020
Introduction: Final Essay Evaluation. Initially this will be to check your spelling and grammar, but you must also consider carefully the most common mistakes......

Conditions for Liquidated Damages
20th Dec 2019
Introduction: Definition Liquidated damages are damages which are decided among the signatories of the contract during the formation phase. They mention the ......

A Criminally Liable is Established
20th Dec 2019
Introduction: A Criminally liable is established if the accused has been responsible for certain conduct proscribed by the criminal law and in relation to this conduct, the accused had the appropriate state of mind laid down by the law....

Corporate Liability in Criminal Law
20th Dec 2019
Introduction: 1. Introduction: Corporate liability in criminal law outlines the extent to which a corporation as a legal body can be made liable for the ......

Sports Injury Law
27th Nov 2019
Introduction: Sports Injury Law. In order to analyse and give advice to the issues raised in our question we must consider the law of tort and the criminal law along with the relevant case law in regards to sports/sports activities and whether an injured player is entitled to compensation for the injuries suffered from an act of participator violence......

How is Negligence Determined?
27th Nov 2019
Introduction: Negligence can be described as the carelessness in everyday terms or failure to take the proper level of care....

Foresee Ability Court
27th Nov 2019
Introduction: The fact in Donoghue V. Stevenson was that the appellant drank a ginger beer that was bought by her friend in a café and she drank part of it from her cup....

Equitable Remedies Cases | Equitable Remedy Case Summaries
18th Nov 2019
Introduction: The court refused specific performance to a buyer of a set of Hepplewhite chairs saying that they were 'ordinary articles of commerce and of no special value or interest'. Note: the buyer was contracting with a view to resale and for personal use....

Cases on Preliminary Crimes | Case Summaries
18th Nov 2019
Introduction: Cases on Preliminary Crimes. The defendant members of the 'National Front' had conducted a campaign against a Mr and Mrs W (a white couple) fostering black children....

Self Defence Cases - Case Summaries
18th Nov 2019
Introduction: Self Defence. At common law the defence of self-defence operates in three spheres. It allows a person to use reasonable force to: (a) Defend himself from an attack......

Robbery Case Summaries
18th Nov 2019
Introduction: Robbery. A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force....

Parliamentary Legislation Lecture Notes
17th Oct 2019
Introduction: Parliamentary Legislation. A lecture will be given in class. Useful resources include the following UK Parliament web site pages......

Legal Issues In Relation To The Contract
14th Oct 2019
Introduction: ‘Crooked, Shifty & Dodgy’ have just been offered a contract to act as accountants to ‘Build ‘n’ Go’. It is essential to write a report ......

Cullinane v British Rema Manufacturing
11th Oct 2019
Introduction: Cullinane purchased a clay pulverising machine from British ‘Rema’ Manufacturing Co Ltd (BRMCO). BRMCO warranted the machine processed six tonnes......

A Breach of a Contract Occurs
11th Oct 2019
Introduction: With regards to remedies there are many different types of remedies, but the main one being Damages. The purpose of damages is to put the claimant ......

Principle of Awarding Damages to a Party
11th Oct 2019
Introduction: Damages are a financial remedy which aims to compensate the injured party for the consequences of a breach in the contract they were in. In ......

Interrelationship between Contract and Tort Law
11th Oct 2019
Introduction: In The Cases Of The Wagon Mound And Hadley V Baxendale, How Did Their Outcome Affect The Law On Remoteness And Create An Interrelationship Between Contract Law And Tort Law...

Whether a Valid Offer has been Communicated
10th Oct 2019
Introduction: The first issue to consider is whether a valid offer has been communicated from Amelia to Zac. Though it is Zac who specifies the amount ......

An Offer Must be Clear
10th Oct 2019
Introduction: Intention of the parties will determine the advertisement is an offer or an invitation to treat. For instance the case is Majumder v Attorney ......

Four Main Rules in Contract Law
10th Oct 2019
Introduction: Explaining the relevant rules on formation of contracts, consider whether a contract for the purchase of the VX47 was made between Lisa and M.J. Electrical....

Undisclosed Principal
10th Oct 2019
Introduction: In considering the extent to which the law as it relates to undisclosed agency reflects the above statement by Lord Lindley in the case of Keighley, Maxsted & Co. v. Durant,...

Flawed Rules Of Statutory Interpretation
10th Oct 2019
Introduction: The purposive approach is now regarded as the predominant approach to statutory interpretation in the UK. Some scholars may argue that the literal ......

Intention Cases | Contract Law
9th Oct 2019
Introduction: Contract law intention cases - social and domestic agreements, business / commercial agreements...

Cases On Intoxication | Intoxication Cases
9th Oct 2019
Introduction: Cases On Intoxication. The defendant had been convicted of various counts alleging actual bodily harm, and assaults upon police officers. The offences had occurred after the defendant had consumed large quantities of alcohol and drugs....

Doctrine of a Duty of Care
9th Oct 2019
Introduction: The word tort is derived from the French word of the same spelling which means mischief, injury, wrong, or calamity from the Latin tortus meaning twisted....

The duty of care
9th Oct 2019
Introduction: The duty of care arises in the tort of negligence, a relatively recently emerged tort. The general principal is that you should not harm those people to whom you owe a duty of care by your acts of omissions....

Mistake Cases | Contract Law
9th Oct 2019
Introduction: Mistake Cases. The plaintiff merchants shipped a cargo of Indian corn and sent the bill of lading to their London agent, who employed the defendant to sell the cargo....

Discussion on Parol Evidence Rule
9th Oct 2019
Introduction: The writer has discussed that the definition of Parol Evidence Rule, a substantive common law rule in contract cases and various ome ......

Context of Police Accountability
8th Oct 2019
Introduction: The people of the societies expect the best out of the services of the policemen. The societies have conferred upon the police powers which ......

Contract by Deed and Simple Contract
8th Oct 2019
Introduction: INTRODUCTION A contract intends to form an agreement between two or more persons, in relation to a particular subject or in the words of (Sir ......

Miller v Prime Minister 2019
8th Oct 2019
Introduction: This case concerns the conglomeration of two appeals, one from the High Court of England and Wales and one from the Inner House of the Court of Session in Scotland. ...

Jurisprudence Dissertation Topic Examples
3rd Oct 2019
Introduction: This page contains a selection of dissertation topics and ideas on jurisprudence. Feel free to use these topics to help you create your own......

Constitutional Law Dissertation Topics
3rd Oct 2019
Introduction: This page contains a selection of 6dissertation topics and ideas on public, administrative and constitutional law for you. Please use these topics to help you create your own masterpiece......

Criminal Law Dissertation Topics
3rd Oct 2019
Introduction: Here you will find a selection of 12 dissertation topics and ideas on criminal and evidence law. We have provided these topics to help you......

Family Law Dissertation Topic Examples
3rd Oct 2019
Introduction: The decision of K v K (2011) is indeed a landmark case which seized upon the opportunity to undertake a much-needed modernised approach......

Public Law Dissertation Topic Examples
3rd Oct 2019
Introduction: This study will critically examine the heated debate and controversial aspects surrounding the principle of the freedom of speech and the general notion that the press should be granted the freedom of expression as a result......

Medical Law Dissertation Topic Examples
3rd Oct 2019
Introduction: As the curse of assisted suicide looms over Parliament, the debate has become increasingly heated in relation to whether or not it should be legalised....

Family Law Dissertation Topics
3rd Oct 2019
Introduction: This page contains a selection of dissertation topics and ideas on family law. Please feel free to use these topics......

Commercial Law Dissertation Topic Examples
3rd Oct 2019
Introduction: A central reason for the rise in corruption in the UK over the past years has been the failure of the government to incorporate regional......

Tort Law Dissertation Topics
3rd Oct 2019
Introduction: This law area has 12 dissertation topics and ideas on tort, intellectual property and media law. Please use this material to help you in your law studies and to help craft your very own dissertation topic....

R v R [1992] 1 AC 599
20th Sep 2019
Introduction: The defendant married his wife (complainant) in August 1984. After the marriage did not work, she moved out in October 1989......

R v Foreign Secretary (Gentle)
3rd Sep 2019
Introduction: The claimants were the mothers of two British servicemen killed serving in Iraq. Inquests were to be held into the circumstances of their deaths......

Cases on Theft | Appropriation Cases
28th Aug 2019
Introduction: Cases on theft. He offered the defendant a £1 note, but the defendant said more money was needed and proceeded to take a further £1 note ......

Cases on participation | Participation Cases
28th Aug 2019
Introduction: Cases on participation. The defendant had deliberately given false information to the book-keeper of the company for which he worked, knowing that it would be entered into the accounts. As the book-keeper had innocently entered the wrong information, the defendant was convicted as the principal on a charge of falsifying the accounts....

Damages Cases | Remedies Cases
28th Aug 2019
Introduction: A shipowner was held liable to a charterer in damages for loss of a cargo which had been caused by a combination of perils of the sea and the unseaworthiness of the ship. The latter was sufficient to carry a claim for damages....

General Principles in Formation of a Contract
27th Aug 2019
Introduction: Intro to law is a kind of business law. It teaches consumer how to use consumers right. We can know about different between contract and agreement from this subject. Furthermore, we also know what is offer.....

Consideration is Essential to Validity
27th Aug 2019
Introduction: In the Oxford Dictionary of Law, consideration is defined as ‘An act, forbearance, or promise by one party to a contract that constitutes the ......

A Promise Made to You Will Not Necessarily Be Enforceable
27th Aug 2019
Introduction: Consideration means that a promise made to you will not necessarily be enforceable in the courts unless you can establish that you have given something for it. Suppose I promise to deliver a ton of gravel to you next week......

The Bargain Element of Consideration
27th Aug 2019
Introduction: All contracts require something to be given in return for something else. This is called 'consideration'. It is the bargaining element of ......

The Role that Prison Law Plays
20th Aug 2019
Introduction: 'Good order in prison is maintained by a mixture of formal and informal mechanisms.' In considering the proposition the 'Good order ......

Contribution Legal Positivists
20th Aug 2019
Introduction: In this essay I will examine the contribution legal positivists have made to the question of what law is by looking at different theories from ......

Significant Constitutional Principles in the UK
20th Aug 2019
Introduction: There are two significant constitutional principles in the UK: (I) the sovereignty of Parliament; and (ii) that there are a plurality of sources of law in the UK. The latter will eventually undo the former, and this would be a progressive development...

Copyright Law Protects Expressions of Ideas
20th Aug 2019
Introduction: INTRODUCTION Copyright is a form of intellectual property protection granted to the creators of original works of authorship such as literary ......

English Common Law and the Rules of Equity
20th Aug 2019
Introduction: The law of Malaysia is mainly based on the common law legal system that means that English law forms part of the laws of Malaysia. In Article 160 ......

Limit and Nature of Judicial Deference
20th Aug 2019
Introduction: This notion examines the approach to date of the courts to sub-section 3 and 4 of the Human Rights Act 1998 and the limit and nature of judicial ......

Definition of Prenuptial Agreements
20th Aug 2019
Introduction: Sharp aptly provides a concise definition of prenuptial agreements reflected in both the case law and academic literature. He describes the prenuptial agreement as an agreement in contemplation of the failure of the relationship,...

Liability of an Occupier of Premises
20th Aug 2019
Introduction: i) Agatha employed Daphne, a member of the Guild of Skilled Roofers, to replace the roof on Rambles. In a breeze, a roof tile, which was ......

Introduction to Law
20th Aug 2019
Introduction: United Kingdom was the first country that is best known as England to have introduced common law in the country in order......

Duty of Care between Colliding Ships
20th Aug 2019
Introduction: Collision The law of negligence applies to collisions at sea and there is generally no problem in finding that a duty of care exists between ......

Exclusion Clause in Contract Law
20th Aug 2019
Introduction: Angelina and Brad’s case involve incorporation of exclusion clause in contract law. This case stand for the term excluding liability must be informed to other party before that party’s recognition or acceptance....

Before the Enactment of Companies Act
20th Aug 2019
Introduction: Before the enactment of Companies Act 2006, there were many discussions and negotiations over the future of English company law. This act was formulated to suit the complicated issues of the companies and its members in this modern world....

Different Types of Constitution
20th Aug 2019
Introduction: A constitution has been defined as a body of rules established to regulate the system of government within a state....

Directors Duties in UK Company Law
20th Aug 2019
Introduction: The statement demands an extensive analysis of Directors duties in the UK Company law. Along the lines of our analysis we will highlight the core concepts surrounding the directors’ duties....

The Law of Tort and Negligence
20th Aug 2019
Introduction: With reference to this assignment, I have opted to critically analyse the case of Z v United Kingdom which I think has a significant aspect ......

Applying Certain Rules of Contract Law
20th Aug 2019
Introduction: This question requires me to analyse the scenario from the perspective of contract law paying particular regard to the rules relating ......

Action in Reliance on a Promise
20th Aug 2019
Introduction: CONSIDERATION Where action in reliance on a promise has been requested, there will usually be sufficient consideration to justify enforcement of ......

The Defence of Provocation
20th Aug 2019
Introduction: Analyse the defence of provocation, with special consideration given to the changes provided by the case of R v Smith (Morgan) [2000] 4 All ER 289...

Inherent Jurisdiction of the Civil Court
20th Aug 2019
Introduction: The inherent power of the court to exercise its procedural jurisdiction to avoid injustice and ensure efficiency in litigation has long been ......

Dublin Convention and Immigration Law
20th Aug 2019
Introduction: The Dublin Convention came into force on 1 September 1997, providing criteria for establishing which Member State of the EU is responsible for ......

The Multi-Dimensional Concept of Insolvency
20th Aug 2019
Introduction: The literature shows a distinct lack of attention towards the very concept around which the whole area of corporate law is built, namely insolvency....

The Take or Pay Clause
20th Aug 2019
Introduction: Why do long-term take or pay contract relevant in project finance? Project finance proceeds on the fundamental principle that limits the lender ......

Discuss the UK Constitution
20th Aug 2019
Introduction: The United Kingdom has no constitution set down in a fully written legal document; however this is not to say that the United Kingdom lacks......

The Advantage of the UK Constitution
20th Aug 2019
Introduction: The UK has an unwritten constitution, meaning Britains laws and policies are developed through statutes, common law, convention, as well as the .......

Pure Economic Loss
20th Aug 2019
Introduction: Pure economic loss is financial damage suffered as the result of the negligent act of another party which is not accompanied by any physical damage to a person or property....

Do Courts Ensure Fairness of Contracts
20th Aug 2019
Introduction: To what extent, if any, can the courts ensure the fairness of contracts by inserting implied terms? Fairness of contracts can be defined in two ......

Royal Prerogative Power of Mercy
20th Aug 2019
Introduction: “Previously, judges refused to review how the Royal Prerogative power of mercy was used. This was clear from the speech of Lord Roskill in ......

Legal Case Study: A Free On Board Contract
20th Aug 2019
Introduction: This will examine the jurisdiction for enforcement of the contract, any rights of rejection of the goods, and the passing of risk in the goods....

Path to a Successful Derivative Action
20th Aug 2019
Introduction: THE path to a successful derivative action for a minority shareholder is often a difficult one. In addition to demonstrating that one of the exceptions to the rule in Foss v. Harbottle applies, the courts have tended to add a number of additional requirements....

The Protection of Individual Rights in UK
20th Aug 2019
Introduction: The Human Rights Act 1998 is the Labour party incorporation of the European Convention on Human Rights into United Kingdom law.1The principle ......

Single Written Document, Called Constitution
20th Aug 2019
Introduction: Most countries have their basic principles embodied in a single written document, called ‘constitution’. British constitution is unusual because it doesn’t have the form of a single written document...

European Convention and Law of Defamation
20th Aug 2019
Introduction: Reputation is so important that the English law has made a law of defamation to protect the individual from having his/her reputation lowered ......

The Tort of Negligence
20th Aug 2019
Introduction: The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk....

Do Judges Make Law
20th Aug 2019
Introduction: “Although judges have traditionally seen themselves as declaring or finding rather than creating law, and frequently state that making law is ......

Interpret a Statute Due to Disputes
20th Aug 2019
Introduction: Courts may be called upon to interpret a statute due to disputes over the meaning of a word or phrase contained within a statute. These disputes ......

The Separate Entity Principle
20th Aug 2019
Introduction: The Separate Entity Principle is a fundamental principle of Company Law applied on a global basis. Pursuant to this principle, a company is treated as a distinct entity from its members....

The Transfer of Ownership of the Property
20th Aug 2019
Introduction: Discuss the concept of the separate legal personality of the registered company, and, with reference to relevant case law, discuss the circumstance......

Conception of the Rule of Law
20th Aug 2019
Introduction: Explain the differences in the legal analysis of the same facts in the following related cases and analyse the conception/s of the rule ......

Long Term Gas Sale Agreement
20th Aug 2019
Introduction: CAN A TAKE OR PAY CLAUSE IN A LONG TERM GAS SALE AGREEMENT AMOUNT TO A PENALTY AGAINST A PARTY TO THE CONTRACT: A LEGAL REVIEW ABSTRACT: Long ......

Contract Fraudulent Misrepresentation
20th Aug 2019
Introduction: Contract Fraudulent Misrepresentation. The House of Lords' decision in Shogun Finance Ltd v Hudson [2003] UKHL 62 implicitly cautions against the hazards associated with exchange of title in the purchase of second-hand goods. It establishes risk is not mitigated where the contract of sale is induced by virtue of fraudulent misrepresentation....

Why a Separation of Powers is Important
20th Aug 2019
Introduction: Montesquieu the French jurist, who lived in England from 1729 until 1731, has developed the doctrine of separation of powers. He based his ......

Do Ship Owners Still Have Control?
20th Aug 2019
Introduction: City Pride Limited (CPL) will be hoping to prove that the vessel was on demurrage when it left the port of Belfast on the 16th of June while ......

Impetus for Section 12 Reform
20th Aug 2019
Introduction: Write a memorandum to a Law Reform Commission explaining the current scope of section 12 of the Sale of Goods Act 1979, the ......

How to Terminate a Contract
20th Aug 2019
Introduction: Is the agreement between two more parties that agree to provide services to each other for a certain amount/period of time......

Good Faith in English Contract Dealings
20th Aug 2019
Introduction: In civil law systems, good faith is regarded as a vital criterion in appraising and regulating the act of contracting parties. However, fair dealing is used in common law of literature rather than the first one...

Understanding of the English Legal System
20th Aug 2019
Introduction: It is important to understand that in the English legal system, parliament is sovereign. The highest court in the U.K. is the Supreme Court ......

Dispute Resolution - Construction Contracts
20th Aug 2019
Introduction: Over the years there has been much research in the subject of dispute resolution. This literature review aims to analyse the applicability of......

Repealing The Humans Rights Act
20th Aug 2019
Introduction: Every state has a fundamental duty to protect the rights and freedoms of its citizens. In the majority of democratic states, fundamental rights ......

International Sale of Goods Contracts
20th Aug 2019
Introduction: In seeking to discuss the attitude of the courts to time stipulations in international contracts for the sale of goods, in his judgement in Bowes ......

Contract and Agency Law Principles
20th Aug 2019
Introduction: Introduction English contract law developed as a remedy for the breach of informal agreements reached by word of mouth (by parol). Common Law ......

Explain the Rule of Law
20th Aug 2019
Introduction: There is no precise definition regarding the rule of law as its meaning may differ among countries and legal traditions worldwide. Basically......

Law and Custom of Parliament
20th Aug 2019
Introduction: Parliamentary privilege is part of what is known as the lex et consuetudo parliamenti (law and custom of Parliament) and is derived from a number ......

Exclusion Clause Contract
20th Aug 2019
Introduction: Exclusion Clause Contract - The problem in the scenario requires a discussion of the law relating to exclusion clauses. An exclusion clause is a clause included in a contract to either limit or exclude liability of a party in breach...

Doctrine of Parliament Supremacy
20th Aug 2019
Introduction: It is argued that the doctrine of parliament supremacy practised strictly by adhering to the concept that the parliament does not use its sovereign power instituted by the legislature, in an oppressive and tyrannical way ....

Different Contexts of the Act
20th Aug 2019
Introduction: The first of the doctrines is the doctrine of “the legislative supremacy of Parliament “, it means that under constitutional arrangements Parliament is legislatively supreme....

Judicial Precedent a Practice of Courts
20th Aug 2019
Introduction: In Law, a previous decision, rule or practice which, in the absence of a definite statute, has whatever force and authority a Judge may choose ......

Provocation is a Common Law
20th Aug 2019
Introduction: Provocation is a common law and a partial defence to a charge of murder. Provoked killings have long been thought to be less serious than unprovoked killings....

Legal Principles of Damages for Breach
20th Aug 2019
Introduction: Simon Cuddle entered into three separate contracts with the following companies: Best Builders Ltd (BBL) Ravishing Rooms Ltd (RRL) and Perfect ......

Areas in Which Judges Do Make Law
20th Aug 2019
Introduction: This essay seeks to establish several areas in which judges do make law. Presently, a judge’s role is not to make law but to uphold the laws......

Constitutional Convention of the United Kingdom
20th Aug 2019
Introduction: The constitutional Convention of the United Kingdom and its commonwealth is of course of an un-codified nature and its contents do not belong in one particular source....

Doctrine of Consideration
20th Aug 2019
Introduction: As defined by Sir Frederick Pollock, consideration is an act or forbearance of one party, or the promise thereof, is the price for which the promise...

Majority Rule Shareholders
20th Aug 2019
Introduction: Majority Rule Shareholders. In order to evaluate whether or not, the rights of minority shareholders have been improved by the enactment of the Companies Act 2006, it is essential to analyse the situation of minority shareholders prior its enactment and......

Architect was Functus Officio
20th Aug 2019
Introduction: The plaintiffs were contractors to the defendants under a contract in the JCT Standard Form, 1980 Private edition with Quantities. The date for completion was 28th February 1986 with liquidated damages of £700 per week. The plaintiffs did not complete the works by the completion date but were granted an extension of time on 9th March 1986 until 25th March 1986. On that day the Architect ......

Conflicting Views on Law of Restitution
20th Aug 2019
Introduction: ABSTRACT As per the Lectric Law Librarys Lexicon, Restitution is defined as “An equitable remedy that restores a person to the position they ......

The Legal Nature of Corporate Groups
20th Aug 2019
Introduction: CORPORATE GROUP STRUCTURE The issue in this essay is to critically analyse and evaluate the legal nature of corporate groups and the liability and ......

Carlill v Carbolic Smoke Ball Co
20th Aug 2019
Introduction: Introduction Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 is an English contract law decision by the Court of Appeal. It is notable for ......

Consideration in Different Court Cases
20th Aug 2019
Introduction: INTRODUCTION Consideration is general a promise unsupported by consideration is not binding contract. Consideration was define by frederick ......

The Basic Purpose of Contract Law
20th Aug 2019
Introduction: The basic purpose of contract law is to provide a framework within which individuals can freely contract. The contract can legally bind the contracting parties by the creation of laws which are applicable...

The Performance by Contracting Parties
20th Aug 2019
Introduction: The Law Has Made It Quite Clear That The Performance By Contracting Parties Of Their Existing Duties Will Not Constitute Good Consideration For A Fresh Promise....

The Concept of Agreement
20th Aug 2019
Introduction: An agreement can be defined as aspect that arises when an offer made by one party is accepted by the other, According to the Law an agreement ......

Three Cases of Binding Agreement
20th Aug 2019
Introduction: Introduction: A contract in law terms is defined as an agreement that legally binds between two or more parties. Therefore, a party to contract is ......

This Case is About the Contract Agreement
20th Aug 2019
Introduction: Steven advertised in the NewFocus Paper on the 29th October 2010 stating that he is selling Yamaha Piano latest model which is in excellent......

Bound by European Court of Human Rights
20th Aug 2019
Introduction: Giving prisoners the right to vote has created a huge controversy within the UK, it is arguable that prisoners when in prison that do not have to ......

Different Routes in Regulating Takeovers
19th Aug 2019
Introduction: “Only the takeover scheme provides some assurance of competitive efficiency among corporate managers and thereby affords strong protection ......

A Dispute May Arise in Different Situations
19th Aug 2019
Introduction: Meaning of CIF contract: In relation with a CIF contract, a dispute may arise at kind of situation, even in the middle of the contract or ......

Agreements Rights and Responsibilities
19th Aug 2019
Introduction: Advise Lucas, explaining his legal position. To advise Lucas on his legal position is to look at whether any contracts had been formed ......

Contract Between Two or More Parties
19th Aug 2019
Introduction: A contract in law terms is defined as an agreement that legally binds between two or more parties. Therefore, a party to contract is only bound when he has agreed to be bound. If there is a valid contract existing between Alex and Bob,...

An Agreement Which Is Enforceable by Law
19th Aug 2019
Introduction: In Gibson v Manchester City Council, ‘the House of Lords examined the language of the correspondence to determine whether there was intention to ......

Agreement Between Two or More Parties
19th Aug 2019
Introduction: A Contract may be defined as an agreement between two or more parties that is intended to be legally binding. The first requisite of any contract is an agreement. At least two parties are required....

Contracts Between Parties
19th Aug 2019
Introduction: Contracts Between Parties. For a valid contract to exist between two parties or more, it must be shown that there has been an offer, and that the offer has been accepted. In addition, there must be an intention from both parties to create legal relations....

Common Law is Developed by Judges
19th Aug 2019
Introduction: Common law is developed by judges through decisions of courts and similar tribunals (also called case law), rather than through legislative statues or executive branch action....

Tribunal Procedures Effectiveness to Justice
19th Aug 2019
Introduction: Tribunals are a branch of the court system established by Act of Parliament to deal with disputes between the citizen and the state or between ......

Jurisprudence and the Concept of Law
19th Aug 2019
Introduction: The classic work of ‘The Concept of Law’ , written by H.L.A Hart is widely recognized as providing the zenith of legal positivism. Hart’s ......

Large Public Interest
19th Aug 2019
Introduction: There is a substantially large public interest involved in protecting journalists and their sources within the United Kingdom (UK). This is largly reflective on the fact that the UK is one of a democratic community...

Discussion on the Law of Undue Influence
19th Aug 2019
Introduction: Chapter 2: Proving Undue Influence 2.1 Preliminary First and foremost, any discussion on the law of undue influence must begin with ......

Exclusion Clause Term in a Contract
19th Aug 2019
Introduction: Exclusion clause: is a term in a contract which intends to exclude one of the parties from liability or limit the person’s liability...

Anti terrorism Legislation in the UK
19th Aug 2019
Introduction: New York, 2001. London, 2005. Mumbai, 2008. Where next? Section 1 of the Terrorism Act 2000 in the UK states that terrorism is an act of a person ......

Discuss the Principle of Judicial Review
19th Aug 2019
Introduction: Judicial Review is the reassessment of the legality of actions or decisions made by those in position of public authority or bodies. The action or ......

Exemption Clauses as Terms of the Contracts
19th Aug 2019
Introduction: This question concerns with exemption clauses. Exemptions clauses are terms in a contract which limit or exclude liability for breach of contract ......

In Breach of Fiduciary Duty
19th Aug 2019
Introduction: The main question and a issue that arises in this particular scenario is that when is a person considered to be a de facto director of a company, so that he can be responsible for the payments of unlawful dividends as in the same way that the he is formally appointed as a director....

Company Law Assignment
19th Aug 2019
Introduction: Allotment is amount of money allocated to the company where the person has acquired the unconditional right to be included in the company’s register of members. section 588CA 2006...

Extra Judicial Punishments and Killings
19th Aug 2019
Introduction: Extra Judicial Killing is the killing of a person by governmental authorities without the sanction of any judicial proceeding or any legal ......

The Disadvantages of Litigation
19th Aug 2019
Introduction: Litigation can be defined as a contest between and among persons, organization, and the State, which is authorized by law, in the court ......

Embryo and Foetal Rights
19th Aug 2019
Introduction: (Embryos are “…not, strictly speaking, either ‘persons’ or ‘property’, but occupy an interim category that entitles them to special respect because of their potential for human life”)...

Contract Agreement Judicial
16th Aug 2019
Introduction: Contract Agreement Judicial. The judicial applies the rules of the contract law and gives the result. Though the contract law basically stands on the basics of the agreement of the parties, the result is completely based on the process of judicial application of the contract law....

Defining Agency is a Difficult Task
16th Aug 2019
Introduction: Defining agency is a difficult task one of which an attempt is never all encompassing, however this work will try to define one. Agency is a relationship which exist between two parties where one party...

Fred v Arthur
16th Aug 2019
Introduction: This case study looks at what happens when one or both of the parties can no longer fulfil their promise exactly how was guaranteed when the contract was originally drawn up....

Concept of Rule of Law
16th Aug 2019
Introduction: The concept of Rule of law is of old origin and is an ancient ideal. It was discussed by ancient Greek philosophers such as Plato and Aristotle ......

LMS International v Styrene Packaging
16th Aug 2019
Introduction: The First Defendants operated a factory in a Bradford Industrial Estate, which was owned by the second, third, fourth and fifth defendants....

Design Liability under NEC3 Problem
16th Aug 2019
Introduction: Every construction or engineering project is generally designed and occasionally defects occur as a result of defective design. These defects if ......

Analysis of the Incorporation of a Business
16th Aug 2019
Introduction: A company comes into existence is generally by a process referred to as incorporation. Once a company has been legally incorporated, it becomes a d......

Benefits of Standard Form Contracting
16th Aug 2019
Introduction: Assignment 2: Construction Law There are many benefits of standard form contracting and there have been calls for the industry to adopt the use of ......

Capacity to be Bound to the Contract
16th Aug 2019
Introduction: 1.0 Introduction In the aspect of law, a contract is a legally binding agreement between two or more parties which contain elements of a valid ......

United Kingdom Joined the European Community
16th Aug 2019
Introduction: Two principles which give effect for Community law within UK are S2 (1) and S2 (4) of the European Communities Act 1972. Section2 (1) states that......

The Nature of the British Constitution
16th Aug 2019
Introduction: Emphasise British Constitution in itself is unwritten but that certain matters are written which comprise a constitution....

Liability to Tax on Income
16th Aug 2019
Introduction: Any analysis of liability to tax on income of taxpayers living and working abroad, particularly those engaged in a trading venture, is inevitably complex....

Evidence Law
16th Aug 2019
Introduction: Free Evidence Law Essays!...

EU Referendum and Its Constitutional Law Implications
16th Aug 2019
Introduction: The highly charged 2014 Scottish independence referendum campaign, and the 2015 Conservative Party promise to hold a national 2017 referendum on continued UK European Union membership have injected new life into a previously secondary UK constitutional law issue....

Corporate Law Structure in the UK and China
16th Aug 2019
Introduction: 'The structure and legal basis of corporation law may vary between jurisdictions, but corporations fulfil the same basic function in all societies'...

Common Law Reasoning and Institutions
16th Aug 2019
Introduction: This is the Court of Chancery… which gives to monied might the means abundantly of wearying out the right; which so exhausts finances, patience, courage, hope; so overthrows the brain and breaks the heart; that there is not an honorable man among its practitioners...

Equitable Rememedies in Law of Contract
16th Aug 2019
Introduction: ‘The whole purpose of equitable remedies is that they should operate where an award of damages is an inadequate remedy and justice is not served.’...

Effect of UK Written Constitution
16th Aug 2019
Introduction: The UK constitution is comprised of unwritten conventions and rules, though the Bill of Rights 1689 has provided the basis for the legislative power......

Doctrine of Equivalence in UK Law
16th Aug 2019
Introduction: The recent case law from the House of Lords shows clearly that UK law and the European Patent Convention in practice (despite the theoretical ......

Case Commentary on Central London Property
16th Aug 2019
Introduction: Lord Denning’s judgment in Central London Property v High Trees is a case which played a significant role in establishing the doctrine of ......

Cases Involving Part Payment of Debt
16th Aug 2019
Introduction: Do you think that the decision in Williams v Roffey Bros. [1990] 2 WLR 1153 should be extended to cover cases involving part payment ......

Traditional Rules of Consideration
16th Aug 2019
Introduction: Consideration can be defined as something of value given by both parties to a contract that induces them to enter into the agreement to exchange mutual performances which is enforceable by law....

The Principle of Williams v Roffey
16th Aug 2019
Introduction: In this essay it will be discussed whether the principle in Williams v Roffey [1990] 2 WLR 1153 should be extend to cover the situation ......

Voluntary Euthanasia
16th Aug 2019
Introduction: Voluntary Euthanasia Law Essay. The subject of death does not seem to be openly discussed in society. Thus, it's no wonder that the issues relating to euthanasia and withdrawal of life sustaining treatment are always treated with such caution....

The Law on Voluntary Active Euthanasia
16th Aug 2019
Introduction: It is clear that the law prohibits active euthanasia and Physician Assisted Suicide, but it seems to allow passive euthanasia....

Differences Between Murder and Manslaughter Charges
16th Aug 2019
Introduction: Defendants suffering from diminished responsibility should not be convicted for murder, as the person could significantly misjudge his mental state for his acts or omission by doing or by being part of the act such in R v Byrne [1960] case. ...

The Mens Rea of a Crime
16th Aug 2019
Introduction: The Mens Rea of a crime refers to the mental element or the state of mind the defendant possesses in order to be liable for an offence. Mens Rea ......

Why Was The Supreme Court Created
16th Aug 2019
Introduction: In June 2003, the UK government publicised its intention to replace the House of Lords, as a highest court in the UK with a Supreme Court. “The ......

Civil Court Structure of Scotland
16th Aug 2019
Introduction: The Scottish legal system is divided into two distinct parts, the civil justice system and the Scottish criminal justice system, both of which ......

Nature of Contractual Offer and Acceptance
16th Aug 2019
Introduction: Nature of Contractual Offer and Acceptance Henry Amponsem 09000801 Access to Law Bexley College Nov 29, 2010 F112 Partridge v Crittenden (1968) ......

Rules of Proposal and Acceptance
16th Aug 2019
Introduction: Introduction This issue involves the rules of proposal and acceptance in the law of contract. In order that, the courts may decide whether ......

Carlill v Carbolic Smoke Ball Co
16th Aug 2019
Introduction: The difference between a valid offer and a mere invitation to treat, especially in the world of advertisements but also beyond, can be difficult to establish....

Breach of Confidence
16th Aug 2019
Introduction: Outline of proposed paper. This paper answers the question by addressing breach of confidence and misuse of information by dividing the paper into...

Important Elements of Contract
16th Aug 2019
Introduction: According to this question basically it is based on contract. Offer, invitation to treat, counter-offer are important elements of contract....

An Offer Can Be Made to a Specified Person
16th Aug 2019
Introduction: There are four cases about the offer and invitation to treat. The first case is Partridge v Crittenden. This case was a case stated by the ......

Promise to Do Something Agreed To
16th Aug 2019
Introduction: 1. Enforceable contracts are created by the promise to do something youve previously agreed to do. This was the initiative in Stilk v Myrick ......

The Element of Consideration
16th Aug 2019
Introduction: The question addresses the element of consideration. Firstly, consideration is a vital component of a binding contract. Good consideration as decided in Currie v Misa (1875) is usually valuable in the eyes of law, by means of profit or benefit to one party,...

Component of a Contract
16th Aug 2019
Introduction: Consideration is a final and necessary component of a contract which something must be in exchange for an enforceable promise....

To Create Liability for Misrepresentation
16th Aug 2019
Introduction: Part B: Misrepresentation. Misrepresentation is a contract law concept. It means a false statement of fact made by one party to another party ......

Misrepresentation and Breach of Contract
16th Aug 2019
Introduction: There are two grounds of action which Michael may try to purse in this problem misrepresentation and breach of contract. If Michael can establish ......

Misrepresentation and Making Contracts Void
16th Aug 2019
Introduction: Misrepresentation is a type of tort that a defendant can be charged under civil law. Misrepresentation is a statement of fact made by one party ......

Misrepresentation
16th Aug 2019
Introduction: Misrepresentation Essays. A misrepresentation is a false statement of fact, inducing another to enter into a contract. Misrepresentation can take various forms, such as fraudulent or negligent, the latter falling under innocent misrepresentation and each carries with it particular rights to damages in court and different burdens of proof....

The Question about Validity of Postal Rule
16th Aug 2019
Introduction: INTRODUCTION The postal rule remains one of the most controversial and confusing part of modern contract law as it diverts from the general rule ......

Whether a Bilateral or Unilateral Contract
16th Aug 2019
Introduction: When a contract is formed it must be established whether it is a bilateral or unilateral contract. A bilateral contract can be defined ......

Seeking Remedy Using Judicial Review
15th Aug 2019
Introduction: As you have exhausted all appeal mechanisms within the Local Housing Authority (LHA) concerned without any suitable remedy, I suggest that you ......

Freedom of Expression
15th Aug 2019
Introduction: he purpose of the Human Rights Act 1998 (hereby referred to as ‘the Act’) was to incorporate the European Convention on Human Rights (hereby referred to as ‘the convention’) into United Kingdom......

Contractual Acceptance by Email
15th Aug 2019
Introduction: The Postal Acceptance Rule (The Postal rule) is an exception to the general rule which states that acceptance must actually be communicated to the offeror by the offeree...

The Actual Powers of the Police
15th Aug 2019
Introduction: This written piece will look at two areas of the law. Firstly, what powers the police actually have under the laws of England and Wales to ......

Statutory and Common Law
15th Aug 2019
Introduction: The expression lifting or piercing the corporate veil refers to a court which look behind the separate legal personality of a company, the court......

Need to Protect Journalists and Sources
15th Aug 2019
Introduction: There is a substantially large public interest involved in protecting journalists and their sources within the United Kingdom (UK). This ......

The Approach of the Common Law
15th Aug 2019
Introduction: Until recently, there was no relief available for the employee who suffered psychiatric injury arising from work-related stress. If no physical damage was found, the courts would not allow the claim to proceed....

Company Law Directors
15th Aug 2019
Introduction: Company Law Directors. Academic debate concerning the scope, form and content of directors' duties is perhaps one of the oldest issues in company law and corporate governance. Prior to 1 October 2007...

Judicial Precedent as Practice of the Courts
15th Aug 2019
Introduction: Judicial precedent is best understood as a practice of the courts and not as a set of binding rules. As a practice it could be refined or changed ......

The Separation of Powers
15th Aug 2019
Introduction: Separation of powers is when the state is divided into three different governmental bodies (legislature, executive and judiciary); and all three ......

How Is an Offer Terminated?
15th Aug 2019
Introduction: There are a number of ways for an offer to be terminated. They are events that may occur after an offer has been made which bring it to an end so......

The Traditional Rules of Consideration
15th Aug 2019
Introduction: This essay will establish the traditional position by looking at case law such as Stilk v Myrick; Hartley v Ponsonby; Pinnels case and Foakes v Beer....

Important Element of the UK Constitution
15th Aug 2019
Introduction: Prerogative Powers Remain An Important Element Of The United Kingdom's Constitution. Should They Be Subject To Greater Parliamentary And Judicial Scrutiny...

Legal Enforcement of a Contract
15th Aug 2019
Introduction: Contract Agreement and Legal. The main focus of attention behind the scenario is based around contract law. Questions raised about the formation of the contract and the consequences of the details of this contract. Were both parties bound by a legally enforceable contract, if so were either party in breach of the terms of the contract and what remedies would be available to resolve any issues?...

Different Types of Judicial Systems
15th Aug 2019
Introduction: In different countries there are various types of judicial systems and each one of them has their own ways of governance. For instance in United ......

The History of Defamation
15th Aug 2019
Introduction: The recent history of defamation is marked by continuing conflict between the need to protect the character and privacy of individuals, on the one ......

The Doctrine of Res Gestae
15th Aug 2019
Introduction: Statements that constitute part of the res gestae are attributed a certain degree of reliability because they are contemporaneous,......

International Carriage of Goods by Sea
15th Aug 2019
Introduction: In the current case, the infestation of beetle is in point with the facts of Compania de Naviera Nedelka SA v Tradax International SA, The Tres Flores....

The United Kingdom has a constitution. Discuss.
15th Aug 2019
Introduction: Constitution Magna Carta. The Magna Carta is often thought of as the corner stone of liberty and the chief defence against arbitrary and unjust rule in England. In fact it contains few sweeping statements of principle and is a series of concessions wrung from the unwilling King John by his rebellious barons in 1215...

Hughes v Lord Advocate - 1963
15th Aug 2019
Introduction: Workmen employed by the defendant had been working on a manhole cover, and then proceeded to take a break, leaving the hole encased......

Williams v Roffey Bros Nicholls 1991
15th Aug 2019
Introduction: Keywords Contract, Consideration, Past Consideration, Economic Duress and Subcontractors. There the plaintiff was a carpenter (hereafter referred ......

May and Butcher Ltd v The King
15th Aug 2019
Introduction: After the end of the First World War, the Government had a surplus of tents which were no longer required by the army. As a result, the Government’s......

R v Kimsey - 1996
15th Aug 2019
Introduction: Kimsey (K) and Osbourne (O) were driving at high speeds in extremely close convoy. Whilst doing so, there was an accident in......

Summit Investment v BSC - 1987
15th Aug 2019
Introduction: The defendants chartered a ship from the plaintiff on a New York Produce Exchange form of time charter. Clause 20 of this charter provided......

White v Jones - 1995
15th Aug 2019
Introduction: A man, Mr White, wished to change his will so as to leave £9000 for the benefit of his two daughters, who he had chosen to exclude at......

Constraints of the Floodgates Principle
15th Aug 2019
Introduction: What is the distinction between consequential economic loss and pure economic loss in negligence? Negligence represents the breach of a duty of ......

A Road Traffic Accident
15th Aug 2019
Introduction: A witness to a Road Traffic Accident (RTA) who suffers a recognized psychiatric disorder (like Post Traumatic Stress Disorder) as a result of witnessing the RTA can claim damages against the person causing the accident....

Negligence Is the Most Important Modern Law
15th Aug 2019
Introduction: Negligence essentially concerned with compensating people who have suffered damage as a result of carelessness of others, but the law does not ......

Howard Marine v Ogden - 1978 QB 574
15th Aug 2019
Introduction: The defendant, A, were civil engineering contractors who entered into negotiation with H for the hire of two ships to carry clay out to sea....

Example Answers to Tasks on Common Law
15th Aug 2019
Introduction: Business is very competitive than the past that because; as a result effect of globalization. New legislations came into effect on ......

Principle of Separateness
15th Aug 2019
Introduction: Firstly, this paper will examine the case of Salomon v Salomon to determine the exact nature and importance of the Salomon principle of separateness often referred to as the ‘veil of incorporation...

Corporate Personality
15th Aug 2019
Introduction: Companies are enterprises, also the legal person, so companies are business entity. Company as the business entity, different with other nonbusines......

English Law of Defamation
15th Aug 2019
Introduction: English law of defamation. The English law of defamation recognizes reputation as an interest worthy of protection. Article 10 of the European Convention on Human Rights (ECHR)...

A Trust Is an Obligation Which Binds a Person
14th Aug 2019
Introduction: A trust is an obligation which binds a person (or persons) to deal with property for the benefit of beneficiaries or for a charitable purpose in ac......

The Defence of Diminished Responsibility
14th Aug 2019
Introduction: Scottish and English law on insanity was same in the sixteenth century, since '1674 a notion of partial insanity' to lessen and moderate the......

The Facts of Zeital One are Complicated
14th Aug 2019
Introduction: It was held on appeal that the deceased’s action did not pass the shares to his partner and were in fact incapable of transferring beneficial ......

England and Wales Court of Appeal
14th Aug 2019
Introduction: On 26 October 2006, in the Crown Court at Bournemouth, before HHJ Jarvis and a jury, Benjamin Bree , a 25 year old man of excellent previous character, was convicted of rape....

Employee Law and Relations
14th Aug 2019
Introduction: In seeking to advise John whether he is likely to have a claim for unlawful discrimination on the basis of the facts, this might be an example ......

CASE STUDY 3 Problem 1
14th Aug 2019
Introduction: Last Christmas Mark received a board game as a present. Mark has no interest in such a game and since he owes his cousin Mandy $1000, Mark asks......

The Disclosure of Trust Documents
14th Aug 2019
Introduction: The law has criticised and differentiate the approach, based on whether trust document should be disclosed to beneficiaries. There has been ......

A Employment Tribunal Report
14th Aug 2019
Introduction: Claimant: Mr. HJO’ Mara Respondent: Mr. Graham Hancock & Mr. Graham t/a HR painters & Decorators Rothwell Pre-hearing Review HR Painters and ......

The Murphy v Brentwood Case
14th Aug 2019
Introduction: In what circumstances, despite Murphy v Brentwood, may construction professionals, contractors and sub-contractors who were involved in ......

Tests Identifying a Contract of Employment
14th Aug 2019
Introduction: Employment law is heavily influenced by EC law. It is concerned with the relationship between employer and employee. It comprises a common ......

Balance in Working Time Regulations
14th Aug 2019
Introduction: The working Time Regulations 1998 were introduced to implement the Working Time Directive and came into force from 1st October 1998. The Labour ......

Copyright Law Changes
14th Aug 2019
Introduction: Copyright Law Changes. The introduction of a technological process, the printing press, led to the development of the law of copyright. These new technological developments involving access to copyright material impose pressures on the copyright legislation. Many new technological developments are capable of being used to infringe copyright that is why this led to changes in copyright law....

Directors Duties and Environmental Issues
14th Aug 2019
Introduction: In 2006, the Companies Act has undergone a dramatic metamorphosis whereby directors’ duties were mostly affected. For the first time directorial duties were statutorily codified and the legislator pioneering sustainable development...

The Role of Queens Counsel
14th Aug 2019
Introduction: The Role Of Queen’s Counsel In English Legal System. Controversies, Ideas, Reforms...

The Law of Contract
14th Aug 2019
Introduction: The main intention in the law of contract is to ensure that what a party has been contributed to expect shall come to pass and that what has been assured to that party shall be present....

How Does Equity Law Assist Common Law?
14th Aug 2019
Introduction: The brief discusses the Mareva Injunction from its first appearance to the development thereof into a worldwide Mareva Injunction....

The Foundations of the English Legal System
14th Aug 2019
Introduction: The aim of this work is to produce a report explaining the foundations and workings of the English legal system. Throughout this essay, I will be......

Six Types of Basic Elements
14th Aug 2019
Introduction: A valid contract requires: (1) an agreement; (2) an intention to create legal relations; and(3) consideration (unless the Contract ......

Workplace and Age Discrimination
14th Aug 2019
Introduction: The report is a contextual evaluation of the age oriented diversity problems prevalent in the workplace in the United Kingdom, and presents a ......

Three Scenarios Under Review
14th Aug 2019
Introduction: PART A Introduction This paper advises Loadstar Freight Ltd (hereafter 'Loadstar') as to their contractual rights and obligations arising ......

The Voluntary Exchange of Good
14th Aug 2019
Introduction: The voluntary exchange of good, services or both is called as trade. Commercial law is that branch of law which deals with the rights and duties which arises from the supply of goods and services in the way of trade....

Employment Contract Rights
14th Aug 2019
Introduction: Employment Contract Rights. The aim of this write up is to explain Employment Law and using the issues in case study provided to advise the client Julia. The advice will show what course of action if any the client can take if any of the issues illustrate a breach of contract by the employer...

Meaning of the Term Employee
14th Aug 2019
Introduction: Underlying a typical employer-employee relationship would be a contract. Hence the matters discussed in the chapters pertaining to contract ......

Rules of Offer and Acceptance
14th Aug 2019
Introduction: Rules of Offer and Acceptance are applied to enforce an agreement by the law. This agreement is the first requisite of any contract of the business....

Time Being the Essence of a Contract
14th Aug 2019
Introduction: INTRODUCTION 1.1 Background Time being the essence of a contract is an often heard statement in the construction industry. However, in response ......

Consequence of Offence Scenario
14th Aug 2019
Introduction: Referring back to the scenario it is evident that as a result of Bob’s actions two people have been killed i.e., Carol and John. With reference ......

The Criminal Attempts Act
14th Aug 2019
Introduction: In What Ways, If Any, Did The Criminal Attempts Act, 1981 Improved On The Common Law ? Is Further Reform Now Required?...

Involuntary Manslaughter
14th Aug 2019
Introduction: Involuntary Manslaughter - I am asked to advise in relation to the death of Alice, as it appears that Noah may have contributed significantly to this death. According to the facts, the death of Alice appears to have been caused by the events preceding Noah leaving the vessel in the life raft......

The Questioning of Suspects
14th Aug 2019
Introduction: The questioning of suspects by the police can be broken down in to three stages....

To Act on Companys Behalf Entering Contract
14th Aug 2019
Introduction: Corporations Act s 124 states that once a company is registered, it is granted the legal capacity and powers of an individual, which includes ......

Theft Contract Law
14th Aug 2019
Introduction: Junaid copies down his father’s card details, Junaid could therefore be guilty of fraud under s.2 of the Fraud Act 2006 which deals with Fraud by......

Classic Requirements for a Valid Trust
14th Aug 2019
Introduction: ‘An express trust will not be validly created unless the ‘three certainties’ are present. These classic requirements for a valid trust were ......

Retirement and the Employment Rights Act
14th Aug 2019
Introduction: The Employment Equality (Age) Regulations 2006 (SI 2006 No.1031) amended by s. 98 ZD of the Employment Rights Act 1996 provides that ......

Knight v Knight
14th Aug 2019
Introduction: A trust should be upheld if there is sufficient practical certainty in its definition for it to be carried out according to the expressed intention of the settlor....

Prerogative Powers or the Royal Prerogative
14th Aug 2019
Introduction: Prerogative powers or the royal prerogative are defined by A.V. Dicey as being “…the remaining portion of the Crown's original authority, and it is therefore… the name for the residue of discretionary power...

Will Unfair Contract Terms Bill Improve law
14th Aug 2019
Introduction: This essay critically discusses the law relating to exemption clauses with particular reference to the Unfair Contract Terms Act 1977 (UCTA). It ......

Obligations will be Breached
14th Aug 2019
Introduction: As long as obligations exist in our everyday lives, it is reasonable to assume that these obligations –whether they arise out of contract ......

The Bellgrove V Eldridge Case
14th Aug 2019
Introduction: The Bellgrove v Eldridge case was bought before the High Court in 1954 in relation of a breach in contract. My understanding of this case is that ......

An Analysis of International Copyright Legislation
14th Aug 2019
Introduction: 'Where works are available only in digital form, the exceptions to and limitations upon copyright protection envisaged by most of the international copyright treaties are almost entirely neutralised'...

History of Corrections System
14th Aug 2019
Introduction: This paper aims to compare and contrast Canadian, American, South African and English corrections systems. The areas that will be examined will be the common areas that are discussed when considering the progressiveness......

Due Process and Crime Control
14th Aug 2019
Introduction: Throughout this assignment, it will aim to highlight the similarities and differences between the models of the criminal justice system, especially looking at the ‘due process’ model and the ‘crime control’ model....

The United Kingdom Taxation System
14th Aug 2019
Introduction: In order to maintain financial budget set by the Chancellor of the Exchequer, the UK government raises the majority of its government revenue through the collection of tax payable by the general public....

Appropriation Under the Theft Act
14th Aug 2019
Introduction: The way in which the concept of appropriation under the Theft Act 1968 has been interpreted by subsequent case-law is unsatisfactory from both a practical and theoretical point of view....

The Terms of the Trust
14th Aug 2019
Introduction: In order to be a valid trust, the declaration of the terms of the trust must be certain. The settlor must declare the terms with sufficient ......

UK Criminal and Civil Justice System
14th Aug 2019
Introduction: United Kingdom has two different types of justice system, which is criminal justice system and civil justice system....

The Identification of Employees
14th Aug 2019
Introduction: It is important to distinguish between an employee and independent contractor due to several reasons. Firstly, under the Employment Right Act 1996...

Modification of Causation Principles
14th Aug 2019
Introduction: “At the very least Fairchild shows that where justice and policy demand it a modification of causation principles is not beyond the wit ......

History of UK Labour Law
14th Aug 2019
Introduction: History of labour law in the United Kingdom concerns the development of UK labour law. Before the Industrial Revolution and the introduction ......

Shoplifting in Legal Terms
14th Aug 2019
Introduction: Mike has committed a crime by stealing from a shop. This crime is called shoplifting in legal terms....

Idea and Expression Dichotomy
14th Aug 2019
Introduction: As above discussed, it has been well established that computer programs are protected as literary work under Copyright Design and Patents Act 1988...

Contract and Employment Law
14th Aug 2019
Introduction: The contract of employment is contained in the Contracts of Employment Act of 1963 which was an act of parliament of the United Kingdom and it’s ......

Tangible and Intangible Property Management
14th Aug 2019
Introduction: A trust is a relationship whereby one person for the benefit of another manages property, including tangible and intangible. A trust is created ......

For a Person to be Convicted of an Offence
14th Aug 2019
Introduction: Assault, along with Battery are common law offences. When Charlie threw a stone at this ex-girlfriend, he intended to frighten her, this would......

The History of Law
14th Aug 2019
Introduction: The History of law. The law cannot be spoken of as a single homogenous entity. Law is defined in the Concise Oxford Dictionary as a rule or system of rules recognised by a country or community....

Criminal Evidence Justice
14th Aug 2019
Introduction: Criminal Evidence Justice. This essay will examine the laws and procedures relating to the disclosure of evidence in criminal cases in England and Wales. Has the government's introduction of legislation in relation to disclosure found a fair balance between the rights of those who are accused of criminal offences and those charged with......

The Degree of Reliance on the Statement
14th Aug 2019
Introduction: In advising Derek as to whether he is likely to have a successful claim based on misrepresentation, it must first be determined if the actions ......

In the Context of Equitable Remedies
14th Aug 2019
Introduction: Equitable remedies include recession and ratification, injunctions and specific performance, all of which are available from the court of equity ......

The Concept of Bailment Generally
14th Aug 2019
Introduction: The purpose of this paper is to explore the role that bailment plays in relation to carriage of goods matters....

Theft Robbery and Burglary
14th Aug 2019
Introduction: In order to establish if a crime of theft has occurred it is important to consider if the Actus reus of theft has occurred. The first item to consider is whether appropriation has taken place....

The Volume of Employment Protection Legislation
14th Aug 2019
Introduction: Over the last forty years there has been a steady growth in the volume of employment protection legislation. During this era the law has also evolved as a result of a great outpouring of decisions of the courts and tribunals....

Concept of Unfairness Unconscionability
14th Aug 2019
Introduction: The primary source of law in England- the judge made law, administered in the common law courts, evolved gradually with time culminating in a set ......

Discuss Causation in Criminal Law
14th Aug 2019
Introduction: Generally, causation can be said to be a difficult area of law. Causation could be proved either through factual or legal causation. According to ......

Second-hand Goods Law
14th Aug 2019
Introduction: Second-hand Goods Law. The House of Lords' decision in Shogun Finance Ltd v Hudson [2004] 1 A.C. 919 implicitly cautions against the risks associated with title to the purchase of second-hand goods...

Aspect of the British Constitution
14th Aug 2019
Introduction: The Rule of Law is an aspect of the British Constitution that has been emphasised by A V Dicey and it, therefore, can be considered an important part of British Politics....

Scottish Law of Evidence
14th Aug 2019
Introduction: One of the key aspects of the Scottish law of evidence is that no person may be convicted of a criminal charge on the evidence of a single witness....

Principle of Criminal Law
14th Aug 2019
Introduction: A fundamental principle of criminal law, with regards to the common law is that the prosecution has the element of proving the defendant's guilt in every aspect....

The Test for Employment Status
14th Aug 2019
Introduction: Employment status is largely a question of fact for the employment tribunal and Courts to decide and its decision can only be overturned where it ......

Compare and Contrast the English Approach
14th Aug 2019
Introduction: The frequent case scenario as regards bank lending transactions involves three parties; the creditor which is the lending institution......

The UK Response to Corporate Governance
14th Aug 2019
Introduction: The objective of this paper is to explore the adequacy of the UK response to corporate governance by examining the relationship between the various factions within a company....

UK Copyright Law
14th Aug 2019
Introduction: In some respects, UK copyright law is not very generous towards authors and performers....

Categorization of Employment Status in UK Law
14th Aug 2019
Introduction: Employee, worker and self employed persons should enjoy different legal status as the kind of work done by each category of persons is different ......

Legal Aid - Access to Justice in the UK
14th Aug 2019
Introduction: Legal aid funds advice to help people understand their legal obligations and if necessary enforce their legal rights. It protects people's rights......

Power Provided Under Law to Natural Person
14th Aug 2019
Introduction: 2.4 CAPACITY TO CONTRACT Legal capacity is defined as the power provided under law to a natural person or juridical person to enter into binding ......

Justification for Secret and Half Trusts
14th Aug 2019
Introduction: This paper will examine this justification by considering the problems that it causes and whether or not the disadvantages outweigh the benefits....

Differences Between Common Law and Equitable
14th Aug 2019
Introduction: Equity, according to Maitland, “is now that body of rules administered by our … courts of justice which, were it not for the operation of the......

The Jury System
14th Aug 2019
Introduction: The Jury System - The concept of the jury system was probably imported into Britain after the Norman Conquest, though its early functions were quite different from those today. Early jurors in England acted as witnesses providing...

Mechanisms in Environmental Law
14th Aug 2019
Introduction: Modern Regulatory Regimes Have Predominantly Supplanted The Common Law As The Main Mechanism For Environmental Protection. The Challenges Posed By Environmental Degradation,...

Director May Manage the Company
14th Aug 2019
Introduction: Although a company director may manage the company as he sees fit, he is a fiduciary in relation to the company and must reflect this relationship in all he does....

Provocation Partial Defences to Murder
14th Aug 2019
Introduction: Provocation is one of the major partial defences to murder. The defence acknowledges human frailty and mitigates the punishment of the offence of murder....

Prison Population Punishments
14th Aug 2019
Introduction: The prison population in England and Wales exceeded its current 'usable operational capacity' of just under 82,000 in February 2008....

Birth and Our Legal System
14th Aug 2019
Introduction: The term ‘birth’ plays an important role in many subsections of our legal system. In addition, it is obvious from the outset that this term is not always used to convey the same meaning...

The Doctrine of Frustration
14th Aug 2019
Introduction: Introduction The principle of freedom to contract is a founding principle upon which the world of commercial contracts operates. This strictly ......

Police Powers Abuse
14th Aug 2019
Introduction: Police Powers Abuse. This question relates to the discussion of the interaction and compatibility of the use and abuse of the statutory police powers with the Civil liberties of individuals....

Offers and Rejection
14th Aug 2019
Introduction: An offer lapse if it is not accepted within a stipulate time. In other words, if an offer opens for a specified time, it will close at the end of that time....

Sexual Orientation Discrimination Laws
14th Aug 2019
Introduction: To critically analyse sexual orientation discrimination laws and problems recognised with the right to have a religion and religious beliefs ......

Unfair Contract Terms Act
14th Aug 2019
Introduction: Unfair Contract Terms Act. if one considers the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR) if the term does not create an unfair balance in detriment to the consumer it can be upheld. Yet as this does create an unfair balance and puts Gillian at a loss then she will be protected from the exclusion clause as a consumer....

Evidence Can Be Excluded If Prejudicial
14th Aug 2019
Introduction: Do we need further rules of evidence to adequately deal with expert scientific evidence? Evidence can be excluded if it is more prejudicial that......

Wrongful Dismissal (WD) and Unfair Dismissal
14th Aug 2019
Introduction: Winn LJ commented that the general rule to termination is that, the resolution of relations between employers and employees should be attained......

Employment Legal Rights
14th Aug 2019
Introduction: Employment Legal Rights. Employment Law is the body of laws, administrative rulings, and precedents which govern the legal rights, and restrictions on workers and their organizations. It resolves many aspects of the relationship between trade unions, employers and employees....

Criminal Liability - Acts of Desperation
14th Aug 2019
Introduction: It seems to indicate that Karen needs some social assistance, illustrating the need for not criminal charges but referral to the Local Authority....

Gender Issues in Criminal Justice
14th Aug 2019
Introduction: Currently many government accords a lot of priority to womenn on issues related to talking with victims of rape in comparison to men. Although the history of criminal justice shows that females...

Offer and Invitation to Treat Contents
14th Aug 2019
Introduction: Offer An invitation communicated by one party to another to enter into a legally binding contract on certain specified terms. Specific Offer ......

Principles of Unfair Dismissal Cases
14th Aug 2019
Introduction: For several years the contract of employment was, with a few exceptions, the exclusive determinant of all matters contained by the employment relationship....

Offences Against the Person Act
14th Aug 2019
Introduction: The scenario in question is focusing on the Offences Against the person Act (OAPA) as well as the area of consent....

A Trust is a Legal Arrangement 
14th Aug 2019
Introduction: A Trust is a legal arrangement which involves an individual (the Settlor) transferring legal title of properties to another person or body ......

The Reasons Behind the Creation of Equity
14th Aug 2019
Introduction: EQUITY AND COMMON LAW Outline Introduction The reasons behind the creation of equity. Difference between equity and common law. Nature of the ......

Gray V Thames Trains Ltd [2009]
14th Aug 2019
Introduction: Ex trupi causa non ortiur actio is a very important maxim. Before discussion on how their Lordship applied the principle in the Gray case let see what’s the maxim....

Relationship of Trust with Ogbolo
14th Aug 2019
Introduction: In a summary the facts of the case are that Gari, a settlor had the intention of entering a relationship of trust with Ogbolo, his brother as the trustee and have as beneficiary of that trust Melechi-Ede....

Sales by a Non-Owner
14th Aug 2019
Introduction: Sales by a Non-Owner. Does the present law relating to sales by a non-owner strike a fair balance between the interests of the original owner of goods and someone who in good faith has bought them from a non-owner who had no authority to sell them?...

Patentability of Computer Programs or Software
14th Aug 2019
Introduction: The concept of patents is considered to have originated from the Venetian Statute of 1474 in Italy, issued by the Republic of Venice. The main aim of this concept was to recognize the efforts of inventors...

Ministry of Sound v World Online
14th Aug 2019
Introduction: M was one of a group of companies that appealed against a summary judgment that had refused its application for the payment of a final instalment......

Herbert Morris Ltd v Saxelby
14th Aug 2019
Introduction: The plaintiffs, Herbert Morris Ltd, manufactured hoisting machinery. The defendant, Saxelby, was employed and trained by them......

Patel v Ali - 1984
14th Aug 2019
Introduction: The first and second defendants were joint owners of a property and contracted to sell it to the plaintiffs. The husband of the first defendant was......

Mendelssohn v Normand Ltd - Case
14th Aug 2019
Introduction: The Claimant parked in a garage owned and operated by the Defendant. There was a notice board in the car park which stipulated that the Defendant would......

Pay v Lancashire Probation; Pay v UK
14th Aug 2019
Introduction: Case Summary of Pay v Lancashire Probation Service [2004] ICR 187; Pay v UK [2009] IRLR 139. Unfair dismissal and respect for private life...

Broken Windows Theory of Policing
13th Aug 2019
Introduction: Explain the Broken Windows theory of policing. Describe the advantages and disadvantages of this approach....

What is Performance of an Existing Duty
13th Aug 2019
Introduction: In the view of the traditional, performance of an existing duty should not constitute consideration. Sometime, one person makes a promise for another to exchange for other person promise or something that the person......

Punishing the Guilty Protecting the Innocent
13th Aug 2019
Introduction: The purpose of the Criminal Justice System (CJS) is to deliver justice for all, by convicting and punishing the guilty and helping them to stop offending, while protecting the innocent....

Essentialia and the Contract of Employment
13th Aug 2019
Introduction: Definition: Employment contract Oral or written, express or implied, agreement specifying terms and conditions under which a person consents ......

Employment Law and Practice of England
12th Aug 2019
Introduction: For an organization, employees are one of the most important assets. In today’s scenario, there is a lot of debate on the issues related ......

The Sale of Goods Act 1930
12th Aug 2019
Introduction: INTRODUCTION The Sale of Goods Act, 1930 governs the contracts relating to sale of goods. It applies to the whole of India except the State ......

Status of an Employee
12th Aug 2019
Introduction: Status of an Employee. There are many different tests in order to determine the status of an employee. Some of these tests consist of control test, mixed test, integration/Organisation test, multiple factor test and the control test being the first of its kind to decide the status of an employee,...

A Case of Wrongful Dismissal
12th Aug 2019
Introduction: James is a computer programmer at Mega- Bytes Ltd and has worked for them over the last twelve years; he was dismissed without any notice. His ......

Mistake in Contract Law
12th Aug 2019
Introduction: Mistake in contract law is an incorrect understanding by one or more parties to a contract and may be used as grounds to invalidate the agreement. Common law has identified three different types of mistake in contract......

McPhail v Doulton
12th Aug 2019
Introduction: In order to allocate property according to the testator’s wishes, equity recognises both a trust and a power of appointment....

The Concept of Collateral Contract
12th Aug 2019
Introduction: ABSTRACT In this report is focus on discuss thf collateral contract. I will explain the concept of collateral contract through several ......

Wrongful and Unfair Dismissal
12th Aug 2019
Introduction: To establish whether the aspects of wrongful and unfair dismissal merit reform we must first identify how the two notions have affected the law till today, and how effective the remedies are of each concept....

Acts of Parliament in the UK
12th Aug 2019
Introduction: In this essay it will be covered the legislative procedure of Acts of Parliament in The United Kingdom focusing on the importance of Parliament Acts of 1911 and 1948 and then the different sources of law will be explained...

Webb and Goldwin
12th Aug 2019
Introduction: Webb and Goldwin have been and arrested for three offences, these are possession of a controlled drug, supply of a controlled drug and possession with intent to supply a controlled drug....

Different Persons in UK Employment Law
12th Aug 2019
Introduction: The distinction between the notions of ‘employee’, ‘worker’ and ‘self-employed’ persons is not sufficiently clear in the UK employment ......

Methods of Discharging From a Contract
12th Aug 2019
Introduction: Discharge of a contract refers to the way in which it comes to an end. Contracts can come to an end in the following ways: Each one of these method......

Negligence Law Emanates From the Law of Tort
12th Aug 2019
Introduction: Negligence in Malaysia Negligence law emanates from the law of tort. In any negligence action, the essential ingredients that should be present are......

Good Consideration for a Fresh Promise
12th Aug 2019
Introduction: It will be highly inaccurate to state and conclude that the law has made it quite clear that the performance by contracting parties of their existing duties will not constitute good consideration for a fresh promise....

The Type of Business Organizations
12th Aug 2019
Introduction: Instruction Business is the most important issue in our daily life, especially with the trend of globalization and the increasing competitions. ......

The Supremacy of Parliament
12th Aug 2019
Introduction: The classic account given by Dicey of the doctrine of the supremacy of Parliament, pure and absolute as it was, can now be seen to be out of place in the modern United Kingdom...

Remedies for Unfair Dismissal and Redundancy
12th Aug 2019
Introduction: Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly for redundancy. All employees can bring a claim ......

Requirements for a Contract in Roman Law
12th Aug 2019
Introduction: Roman Law: “Examine the three elements required for a valid contract and illustrate how the law relating to them developed.”...

Battle of the Forms
12th Aug 2019
Introduction: Constructors plc fist communicate with Painters Ltd by requesting information on the 4th January. This is an 'Invitation to treat'. This ......

An Erroneous Belief at Contracting
12th Aug 2019
Introduction: In contract law, mistakes in law are a group of rules in English contract law, which happen to share the same title. A mistake is an erroneous ......

The Principle of Separability
12th Aug 2019
Introduction: Ever since Heyman v Darwins Ltd the English common law has been evolving towards a recognition that an arbitration clause is a separate contract which survives the destruction (or other termination) of the main contract....

The Separation of Powers is Doctrine
12th Aug 2019
Introduction: The separation of powers is a doctrine and not a legal rule. Under this doctrine the following three branches of government; legislature, executive and judiciary should have a clear separation to prevent abuse of power....

The Contract Conditions and Warranties
12th Aug 2019
Introduction: Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not deemed to be of the essence of a contract of sale....

Bouncing of Post Dated Cheques
12th Aug 2019
Introduction: INTRODUCTION CONCEPT OF A POST-DATED CHEQUE According to S.6 of the Negotiable Instruments Act, 1881 (herein after called ......

Examples of Property Law and Trust Cases
12th Aug 2019
Introduction: One should assume that the trust instrument requires the house to be kept as capital and only the income to be applied for the benefit of beneficiaries....

Undue Influence of Another
12th Aug 2019
Introduction: In this essay I will be explaining notice, actual or constructive undue influence I will also be critically......

Doctrine of Precedent and Principle of Law
12th Aug 2019
Introduction: The doctrine of precedent means identical cases are treated alike (the principle of stare decisis). Lower courts in the United Kingdom are ......

Criminal Jurisdiction
12th Aug 2019
Introduction: A case is brought to court when an individual is accused of breaking the law....

Oral Contract Dispute
12th Aug 2019
Introduction: Contracts are an essential part of business transactions especially in provision of services and goods needed to sustain business operations...

Art is Product of Human Creativity
12th Aug 2019
Introduction: Art is subjective. Art is a product of human creativity and is nearly impossible to intrinsically define. So, it is unfortunate that to protect art from being copied, and therefore devalued, in the UK one must pigeon-hole it into narrow fields....

Details of Case Cannot Slot into Formula
12th Aug 2019
Introduction: It is generally accepted in modern writings on the English law of contract that during the latter half of the nineteenth century a concept of ......

Does the House of Lords Bind Itself?
12th Aug 2019
Introduction: The doctrine of binding precedent requires that all courts bind all lower courts and, to some extent, also bind themselves....

Increased Parliamentary and Judicial Scrutiny
12th Aug 2019
Introduction: Prerogative powers remain an important element of the United Kingdoms constitution. Should they be subject to greater Parliamentary and judicial ......

Company Law 2006 Companies Act
12th Aug 2019
Introduction: A trading company has implied power to borrow, however, whether express or implied, it carries implications by law a power to give a security for the loan...

Common Law on Rape
12th Aug 2019
Introduction: I will start this essay by stating that it is relatively difficult to disagree with the statement in the question that until recently the development of the common law...

Privatisation Most Important Political Issue
12th Aug 2019
Introduction: Privatisation is gradually becoming the most important political issue of all time,it has been adopted and practised by most countries in the world,...

Section 14 of the Companies Act 1985
12th Aug 2019
Introduction: This paper examines the case law relating to S.14(1) of the 1985 Act and considers Lord Greene’s view, with conclusions on the established jurisprudence....

Most Important Source of English Law
12th Aug 2019
Introduction: Case-law, also known as Common law, is a main source of law; this is because most modern English Law has not become statutory. Therefore ......

A Comparison of Consideration Cases
12th Aug 2019
Introduction: From orthodox view, the performance of an existing duty should not constitute consideration. A performance of an existing duty is a responsibility ......

Class Action in Society
12th Aug 2019
Introduction: Class Action in Society. My interest in 'class action' has grown long before the enrolment of undergraduate law. The issue was introduced to me under a laymen's term in the movie Erin Brockovich....

Case of Personal Injury
12th Aug 2019
Introduction: William Bragg v B. Johnson INTRODUCTION This is a case of personal injury. Personal injury is defined as any disease injury or impairment of a ......

The Company Is an Artificial Legal Person
12th Aug 2019
Introduction: The company is an artificial legal person with its own property and have legal rights and liabilities as well as it can sue and be sued in its own name....

The Diversity of the Judiciary
12th Aug 2019
Introduction: A judge or arbitrary of justice is a lead who presides over a court of law. Judge has the role of adjudicate upon disputes. In different ......

Postal Rule Is a Historical Ruling
12th Aug 2019
Introduction: The postal rule is a historical ruling, which came about in a time where the main and quickest form of business communication was by post. Through the decades other forms of communication...

Sentence of Defendants Criminal Record
12th Aug 2019
Introduction: Discuss the relevance to sentence of a defendant’s criminal record. Draft a new sentencing provision (to replace section 143(2) of the Criminal Justice Act 2003) to assist judges and magistrates....

Equity is a Body of Rules
12th Aug 2019
Introduction: As discussed above it is clear that equity is a body of rules which was developed to supplement the shortcomings of the common law, some of which......

The Police and Criminal Evidence Act
12th Aug 2019
Introduction: The Police and Criminal Evidence Act 1984 was brought in following recommendations set out by the Royal Commission on Criminal Procedure. ...

Racial Profiling in Policing
12th Aug 2019
Introduction: Does Racial Profiling occur in the British Police? A controversial issue in policing today is the alleged use of racial profiling by police to stop/search citizens.......

Power of the Prime Minister and President
12th Aug 2019
Introduction: In what concerns the power, an important point would be to outline the relationship between the external factors, internal factors and a persons ......

Kind of Breach of Contract Entitles
12th Aug 2019
Introduction: What Kind Of Breach Of Contract Entitles The Innocent Party To Repudiate The Contract? Are The Rules Sufficiently Clear To Produce The Certainty Required In Commercial Transactions?...

A Bill of Exchange Is an Unconditional Order in Writing
12th Aug 2019
Introduction: “A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future......

Elective Dictatorship and Judicial Review
12th Aug 2019
Introduction: Topic arising from the title of this essay is present, especially in these days. However, its background can be found in the history of every ......

Whatever Merits Precedent May Possess
12th Aug 2019
Introduction: The focus of this essay is to discuss the certainty in precedent. The standpoint of this essay will be in concurrence with the view of Carleton ......

Constitutional Law of the European Union
12th Aug 2019
Introduction: The Residents Generally And (Ii) The Gardeners Specifically, Rely On On The Directive Either Against Fattenam Or The UK Government?...

UK Constitution: The Advantages
12th Aug 2019
Introduction: Name: Institution: Tutor: Category: Date: Sovereign states all over the world are governed by a constitution, which underpins the laws of the......

Contract Law and Principles
12th Aug 2019
Introduction: Contract Law and Principles. This statement was made by Lord Mansfield in 1766 and was an (unsuccessful) attempt to raise good faith to the level of a general principle, the common law as it subsequently developed rejected his initiative......

Identifying a Valid Offer
12th Aug 2019
Introduction: An offer is an expression of willingness to contract on specific terms, made with the intention that it is to become binding as soon ......

Human Rights and Civil Liberties
12th Aug 2019
Introduction: United Kingdom despite the fact that it lacks a Bill of Rights or any other formal document that guarantee the fundamental rights of an ......

Does Commercial Law Exist?
12th Aug 2019
Introduction: Does Commercial Law Exist? Commercial law in England and Wales is not susceptible to succinct categorisation as a unified body of law such as, for example, criminal law or the law of torts. Goode has commented:...

Doctrine of Consideration
12th Aug 2019
Introduction: Contract Law is a western idea basically born out of the mutual mistrust of the business people...

Law of Defamation and Human Rights
12th Aug 2019
Introduction: The need to protect someone’s reputation is so important that under the English legal system there is a law of defamation. It is in place ......

The Partial Defence of Provocation
12th Aug 2019
Introduction: Up until the 12th November 2009, provocation was a common law partial defence only to murder. It originated from the common law but was given statutory form in The Homicide Act 1957, section 3. If a defendant successfully pleaded provocation,...

Sales of Goods
12th Aug 2019
Introduction: About the middle of the nineteenth century, it was found that English traders engaged in transoceanic commerce quoting prices......

Judgment on the Nature of an Offer
12th Aug 2019
Introduction: Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 2 WLR427 Case Analysis Pharmaceutical Society of Great Britain ......

The Doctrine of Binding Precedent
12th Aug 2019
Introduction: In any community laws are laid down to regulate and guide the actions of its citizens. Failure to adhere to these laws, results in a person ......

The Reliance Interest in Contract Damages
12th Aug 2019
Introduction: The damages doctrine came under particular focus by Fuller and Perdue, (for ease I will hereby refer to just Fuller) whom are believed to have stimulated the twentieth century discussions much further than that which had previously existed,...

Creation of a Trust
12th Aug 2019
Introduction: A trust is an obligation which binds a person (or persons) to deal with property for the benefit of beneficiaries or for a charitable purpose in ......

Promote and Frontier Licences Differ
12th Aug 2019
Introduction: Describe How Promote And Frontier Licences Differ From Standard Offshore Licences On The UKCS And Explain The Rationale For Their Introduction. Complete Your Answer With An Assessment Of Their Success Or Failure...

When Parties form Contracts in Daily Life
12th Aug 2019
Introduction: Introduction: In daily life when parties forms a contract the included terms requires incorporation for the purpose to give them effect ......

Associative Discrimination and Equality Act
12th Aug 2019
Introduction: Associative discrimination is the act of discriminating against an individual because of an association with another person who has a protected ......

Changes in a Employment Contract
12th Aug 2019
Introduction: An employment contract, or contract of employment, is an agreement between an employer and an employee which sets out their employment rights ......

Variations to a Contract for a Building Work
12th Aug 2019
Introduction: Valuation of variation will depend largely upon the timing of the variation order, the location of the work, the quantity of the work involved and......

Criminal Law Theory and History
12th Aug 2019
Introduction: Dr Elena Loizidou ‘To understand contemporary criminal law one has to put it in relation to other times. To imagine that we can understand the in......

Competition Laws in the United Kingdom
12th Aug 2019
Introduction: The hurdles encountered since the enactment of the Competition Act 1998 and the Enterprise Act 2002 are examined, as well as the developments......

The Essence of Contract
12th Aug 2019
Introduction: I INTRODUCTION It has long been argued that an essential element of contract formation is to question whether the parties in dispute may be seen ......

James Bulger and the Video Recordings Act 1984
12th Aug 2019
Introduction: An analysis of the effect moral panics have on the law through criminal cases begins with James Bulger’s murder in 1993. The Sun newspaper described the case as that horrific it ‘highlighted moral decay in Britain....

Payments in Construction Work
12th Aug 2019
Introduction: Construction work can involve large sums of money being spent over a number of months or years. The basic principle of contract low (when ......

Law on Balloting and Industrial Action
12th Aug 2019
Introduction: There is not, nor has there ever been, a right to strike or take other industrial action in this country. In common law industrial action ......

Family Provisions – 'moral duty/claim'
12th Aug 2019
Introduction: The idea of freedom of testation is a relatively short-lived and flawed notion that as holders of property rights, such freedom to do with this......

First Set of Laws Imposed on Humans
12th Aug 2019
Introduction: Initially, the first set of laws imposed on humans was the laws of the land created by God. These laws were created to established order, punish ......

Educational Law
12th Aug 2019
Introduction: This essay will be divided into two parts. The first part will analyse the right of children to an education....

The True Purpose of Secret Trust
12th Aug 2019
Introduction: Under the Wills Act 1837 a will, or 'any other testamentary disposition',1 must be in writing and signed by the testator and two witnesses, who......

Performance of Joint Promises Section 44 45
12th Aug 2019
Introduction: Introduction: If it appears from the nature of the case that it was the intention of the parties to any contract that any promise contained in it ......

Interpretation of the Industrial Dispute Act
12th Aug 2019
Introduction: A controversy or dispute is a matter of opinion over which parties actively disagree, argue, or debate. Controversies can range in size from ......

Liability for Stress at Work
12th Aug 2019
Introduction: The most recent development in the field of employment-based personal injury claims concerns stress-related conditions. The issue has ......

The Structure of the Defence [Of Loss of Control]
12th Aug 2019
Introduction: The coroner and justice act 2009 has received royal assent on November 2009. The old common law based provocation has always been the subject of criticism and proposals ......

The Problem of Reoffending
12th Aug 2019
Introduction: The Social Exclusion Unit (SEU) declared in 2002 that 'Prison sentences are not succeeding in turning the majority of offenders away from crime� (Social Exclusion Unit, 2002: 5)....

UK Copyright Laws Criteria
12th Aug 2019
Introduction: The concept of copyright and ‘neighbouring rights’ have assumed significance in the context of contemporary scientific, political, economic and legal......

Triangular Associates Executive Summary
12th Aug 2019
Introduction: This is report for Triangular Associates (henceforth, TA) offering contractual, project administrative advice and recommendations on how they ......

Trust is an Entity of Equity
12th Aug 2019
Introduction: Introduction The trust is an entity of equity. It has been explained as “the concept case of equity’s meddling with ordinary law rights in ......

Trade Marks: The Essence of Confusion
8th Aug 2019
Introduction: The issue explored in this work neatly ties into this jurisprudential backdrop because confusion over origin of a Trade Mark defeats its very purpose....

Reflective Evaluation
8th Aug 2019
Introduction: reflective evaluation For Far too often, I have usually been caught in the illusion that I can succeed by relying on my supposed natural ability ......

Sexual Harassment
8th Aug 2019
Introduction: This essay will critically evaluate the current law on sexual harassment in the workplace....

The Law of Trespass to the Person
8th Aug 2019
Introduction: As Barbara was walking through the perfumery department in Fenham’s Department store, her arm was suddenly seized by Katherine, a sales ......

Undue Influence
8th Aug 2019
Introduction: It brings forward one’s rights to set aside a transaction based on undue influence and duress in entering the agreement....

Solutions to Breach of Contract
8th Aug 2019
Introduction: The transformation of contract law into its modern conception, is based on the Latin principle of ‘pacta sunt servanda’ .....

There Shall be a Scottish Parliament
8th Aug 2019
Introduction: This was the opening article of the Scotland Act 1998. With this simple phrase, the new Scotland Act brought to fruition ......

The Existence of an Employment Contract
8th Aug 2019
Introduction: Employment law is fundamentally a contractual relationship, heavily influence by EC law. It concerns a relationship between employee and ......

Development of the Principles of Tort Law
8th Aug 2019
Introduction: In the case of Anns v Merton 1977, the plaintiffs were tenants in flats. The flats suffered from damage due to improper foundations which were 2ft ......

Employee Status and Applying Common Law
8th Aug 2019
Introduction: Employee status is a perennially contentious feature of employment law. The workforce is ever more complex and, although employees ......

Do Judges Make or Find the Law
8th Aug 2019
Introduction: Holland and Webb assert that a fundamental legal skill is to find the law. Moreover, in their analogy about a shop wanting to know ......

Corporate Personality in Legal Practice
8th Aug 2019
Introduction: Introduction Corporate personality is where the state recognizes that organizations have legal personality. Conventionally, corporate personality r......

Breach of Contract Damages
8th Aug 2019
Introduction: There are various remedies available to a business provider in the event of a breach of contract....

Employees Rights in Employment
8th Aug 2019
Introduction: Employers and employees are generally free to agree whatever contractual terms they wish, provided certain statutory rights are complied with ......

The Human Rights Act (HRA)
8th Aug 2019
Introduction: There are three key elements of the HRA they are Section 1 which defines Convention Rights. Section 2 (1) (a) which, states that our courts in ......

The Gladbury Magistrates Court
8th Aug 2019
Introduction: This is an application of ‘no case to answer’ on behalf of D in regard of the charges of AGG TWOC (taking vehicle without owner’s consent) and possession of an offensive weapon, under the test set out in R V Galbraith [1981]...

Disputes Among Parties of the Contract
8th Aug 2019
Introduction: 1.0 Introduction In the aspect of law, a contract is a legally binding agreement between two or more parties which contains elements of ......

Consideration Need Not be Adequate
8th Aug 2019
Introduction: According to the law, consideration for a contract must be sufficient but it need not be adequate. Explain what this means and what it is so ......

The Unfair Contract Terms Act
8th Aug 2019
Introduction: At present unfair contract terms are governed by two separate pieces of legislation; the Unfair Contract Terms Act 1977 (UCTA); and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR)....

Everything to Know About Statute Law
8th Aug 2019
Introduction: Statutory law or Statute law is written law set down by a legislature. Parliament passes legislation in the form of statutes, or Acts of Parliament......

The Role of Convention
8th Aug 2019
Introduction: In, United Kingdom there is no such thing as a written constitution. Relying on the foundation of legal rules, constitution is spread out in many written sources of constitutional law as the legislation and judicial precedents....

Terrorism Legislation v. EC human rights
8th Aug 2019
Introduction: In seeking to critically discuss the impact of recent terrorism legislation on rights recognised under Article 5 of the European Convention......

Elements of a Contract
8th Aug 2019
Introduction: A contract is aimed to formalize an agreement between two or more parties, with regard to a specific subject. Contracts covers a wide range of......

The Formation and Enforceability of Contract
8th Aug 2019
Introduction: The current English law, in assessing the formation and enforceability of contract, at first glance appears to take a rigidly technical and schematic approach....

Mentally Disordered Offender
8th Aug 2019
Introduction: With Reference To The Legal, Theoretical, And Practical Concerns, Discuss The Issues Raised By The Notion Of A ‘Mentally Disordered Offender’....

Implied Terms in the Employment Contract
8th Aug 2019
Introduction: Staff in the course of employment usually creates inventions. Employer usually owns the ownership of the invention created by employees ......

The Mareva Injunction
8th Aug 2019
Introduction: The Mareva Injunction, which, at its appearance in 1975 was considered a powerful, extreme tool, unique to English law, has now become commonplace, sought as a matter of procedure, in most Commonwealth countries....

Requirements for a Valid Contract of Sale
8th Aug 2019
Introduction: In relation to the contract of sale, examine the three elements required for a valid contract and illustrate how the law relating to them developed....

Complex Law Surrounding Employment Status
8th Aug 2019
Introduction: The law concerning employment status is complex, and far from simple to interpret. Therefore, determining entitlement to employment ......

Human Rights Act on Doctrine of Precedent
8th Aug 2019
Introduction: The purpose of this article is to analyse the impact of the Human Rights Act 1998 ('HRA') on the operation of the doctrine of precedent. The ......

Equity Is That Specific Body of Law
8th Aug 2019
Introduction: circumstances where the conduct of the defendant is unconscionable'. Development of equity is attributed to the shortcomings of common law......

Case Analysis Test Bonnard V Perryman
8th Aug 2019
Introduction: This is a neutral citation of the case that can be found in volume 2 of the Chancery Law Reports for 1891, at the beginning of page 269. On 27th......

Who Was in Breach of the Contract?
8th Aug 2019
Introduction: A contract is between two parties, an offeror and an offeree. If a contract is to be enforceable, it must have all the required elements such ......

Changes in Law: Rape Inside Marriage
8th Aug 2019
Introduction: Prior to this case, statute did little to assist a married woman seeking to bring an action against her husband for rape...

The Doctrine of Mistake
8th Aug 2019
Introduction: The purported basis of the doctrine of mistake is that contracts within law are about agreement, consensus ad idem,  when which all parties involved have a uniform understanding of the terms to the agreement,...

What is Constitute Consideration
8th Aug 2019
Introduction: Introduction What is Consideration? Consideration is a necessary factor that for the information in the contract. It consists of a promise ......

Classification of Conditions or Warranties
8th Aug 2019
Introduction: “Under the heading of Formation of the Contract, the Sale of Goods Act 1979 categories the terms of the contract of sale either into conditions ......

Corporate Governance
8th Aug 2019
Introduction: There are have been various definition s of corporate governance but for the purpose of this essay ,'Corporate governance refers to the way in which companies are governed......

Jury System Criminal
8th Aug 2019
Introduction: The issue, under discussion is The historic decline of trial by Jury is to be welcomed. Trial by Jury serves no useful function and should therefore be abolished....

Separation of Powers and Constitutional Government
8th Aug 2019
Introduction: hellip; the separation of powers should not be explained in terms of a strict distribution of functions between the three branches of government, but in terms of a network of rules and principles...

History of Corrections System
8th Aug 2019
Introduction: Due to the extensive history of the British penal system and its applicability to the countries in this paper, it’s pertinent to examine......

A Case Involving the Exemption Clause
8th Aug 2019
Introduction: According to Keith Abbott (2007), he mentioned that exemption clause can be defined as a term used in a contract to exempt one of the parties from ......

Four Cases of Judge Sumner
8th Aug 2019
Introduction: John Andrew Hamilton, Viscount Sumner (1859-1934), regarded as one of the greatest of English Judges , Lord Sumner has known in large qualities ......

The Landmark Case for Breach of Confidence
8th Aug 2019
Introduction: In the 20th century, the law of breach of confidence has expanded due to the case of Attorney-General v Guardian Newspaper , where Lord Keith ......

Reform of House of Lords Membership
8th Aug 2019
Introduction: It can be submitted that the membership of the House of Lords has incurred some significant changes since the early 19th Century , with the foundation......

Examining Possible Claims in Tort
8th Aug 2019
Introduction: In the fact we can see that a University drinks party was held in the hall of science building. Though outsiders were prohibited, Gavin who was a ......

Certainty of Intention to Create a Trust
8th Aug 2019
Introduction: This essay will advise Edward, Susanna, Tebbs and Tomlin of their legal position in respect of the facts of the case. In doing so, it will ......

The Protection of Harassment Act 1997
8th Aug 2019
Introduction: (1) The mode of trial for a S2 offence PHA1997 is by summary only, this is stated in section 2(2) “ A person guilty of an offence under this ......

Company Director May Manage the Company
8th Aug 2019
Introduction: The directors of the company are entrusted with lots of powers in order to take major decisions on behalf of the company. But at the same time directors are under the obligation to perform various duties in the interest of the company....

Investigate the Police Powers
8th Aug 2019
Introduction: This essay aims to investigate the police powers relating to stop and search, and what rights citizens have when they find themselves in such situations....

Criminal Trials: The Effect of Silence
8th Aug 2019
Introduction: Parliament has created a number of rules that allow the failure of the accused to answer allegations to be admitted as evidence of the defendant’s guilt....

Common Law Reasoning
8th Aug 2019
Introduction: Fundamental principles of the English legal system include...

Civil Liberties in the UK
8th Aug 2019
Introduction: Overall, therefore, the Human Rights Act 1998 appears to be having a significant and positive effect on the development of civil liberties in......

Discharge of Contract and Case Study
8th Aug 2019
Introduction: This assignment consists of two parts. One part of the assignment is about a case study of Arun and Prakash V Beach Hotel....

The Case of Watford Electronics
8th Aug 2019
Introduction: The case of Watford Electronics Ltd v Sanderson CFL Ltd was brought in the Court of Appeal before Lord Justice Peter Gibson, Lord Justice Chadwick and Mr Justice ......

Demands for Fairness and Legal Certainty
8th Aug 2019
Introduction: Workplace Rights: Employees’ rights at work depend on mainly two things, the contract of employment and the statutory rights. The Contract ......

Criminal Liability: Burglary and Murder
8th Aug 2019
Introduction: Al and Bert plan to burgle Lord Snooty’s home. It can be said that they are conspiring together to commit the crime, an offence itself....

An Analysis of Circumstances
8th Aug 2019
Introduction: Every offence require proof of the actus reus and mens rea. The question is focus on actus reus. Therere three categories which are under actus ......

Law Relating to Offer and Acceptance
8th Aug 2019
Introduction: Introduction What is contract law? The Law of Contract can be defined as the agreement between two or more parties, in relation to a ......

An Overview of Discharge by Performance
8th Aug 2019
Introduction: According to Contracts Act 1950, discharge by performance is separated into 6 parts which are Contracts which must be performed, by whom Contracts ......

Police Power Arrest
8th Aug 2019
Introduction: Policing is the act of overseeing that people live in harmony. In its literal definition, policing can be said to be looking over how people do what they are supposed to do....

According to the Scenario
8th Aug 2019
Introduction: To CT manager: The first problem area of contract law will be representations and terms. A mere representation is a statement which may encourage......

Strict Liability Responsibilities
8th Aug 2019
Introduction: Strict liability is the legal responsibilities that make someone liable for damage without proof of negligent or fault. Strict liability concerns the social well being of the public....

Role in Contract Law of Fairness
8th Aug 2019
Introduction: The latest years fairness play a vital role in contract law and is a very controversial subject. . The English law concerned with procedural ......

Exemplary Damages
8th Aug 2019
Introduction: Exemplary damages’ also known as punitive damages are damages which are intended to punish the defendant and seek to effect retribution, as well as being concerned to deter the defendant from repeating the outrageously wrongful...

Tests of the Common Law
8th Aug 2019
Introduction: In order to determine whether David is an employee, the first place to turn is to the Employment Rights Act 1996, which provides little to no ......

Court Room Observation
8th Aug 2019
Introduction: My report on court room observation focuses on observations from two courts. The first one was the Manchester Civil Justice Centre which is a new justice building in Manchester....

Reception of English Law in Malaysia
8th Aug 2019
Introduction: Introduction: Since there was no official body of law in the first 20 years of British occupation, legal chaos occurred in the administration. The ......

Female Street Gangs
8th Aug 2019
Introduction: The presence of female gang membership can be found in the early 19th century (Valdez, 2000)....

Purposes and Effectiveness of Sentencing
8th Aug 2019
Introduction: Efforts have been made and continue to be made to look at the purposes and effectiveness of sentencing. This has led to the establishment of variou......

Exclusion Clauses
8th Aug 2019
Introduction: Generally, exclusion clause can be defined as a declaration intended to limit one’s liability or seek using a clause to prevent him or her to involve in a law contract or any other event for protection....

Law on Sale of Goods in UK
8th Aug 2019
Introduction: Introduction to the Law: The law on sale of goods in the United Kingdom is contained mainly in the Sale of Goods Act 1979. This is based ......

Claimants Loss and Defendants Gain
8th Aug 2019
Introduction: Restitution 'at the claimant’s expense' requires that the claimant’s loss correspond exactly to the defendant’s gain ......

The Rationale behind Limited Liability
8th Aug 2019
Introduction: An analysis of the “statutory contract”, its effect on the relationship between the company, its members and outsiders and its importance in company law....

A Fundamental Constitutional Principle
8th Aug 2019
Introduction: This Question Makes The Assumption That There Are Some Guards Against Excessive Concentration Of Power, But The Existence Of Such Guards Has Been Questioned By Many....

Critical Analysis on the Theories of Intent
8th Aug 2019
Introduction: A Brief discussion on Contracts in day to day life Contracts are the basis of day to day life. It is not incorrect to say that millions of ......

Copyright and the Freedom of Expression
8th Aug 2019
Introduction: “Copyright is antithetical to freedom of expression. It prevents all, save the owner of the copyright, from expressing information in the form ......

Propriety Claims in Common Law
8th Aug 2019
Introduction: This paper will explore the standards of mental intent required to prove breaches of the fiduciary relationship, and if these principles are unnecessary....

Drinking and Driving in the UK
8th Aug 2019
Introduction: Driving a car to work or school means reaching there early. In addition to the above, driving has huge benefit for those who live out in rural areas and want to go into town....

The Concept of a Democracy
8th Aug 2019
Introduction: A basic principle of democracy is majority rule and the protection of individual and minority rights, which, although seemingly contradictory ......

Unlawful Killing of a Human Being
8th Aug 2019
Introduction: ‘Homicide’ could briefly be explained as the unlawful killing of human a being. There are three main points to ascertain in order to establish ......

Legal Rights and Liability of Parties
8th Aug 2019
Introduction: In advising the parties, as to their legal rights and liability, I will discuss the different hypothesis which arises within each situation....

The Freedom of Information
8th Aug 2019
Introduction: The communication structure in a country should be one which allows for a national and international balance that is beneficial to it and to ......

One-sided Contract
8th Aug 2019
Introduction: Unilateral offer - A contract in which only one party makes an express promise, or undertakes a performance without first securing a reciprocal agreement from the other party....

The Law Regulating the Offence of Rape
8th Aug 2019
Introduction: The main controversy in this area of law lies within the effect that previous sexual evidence may have on the jurors. It is argued this kind of ......

Offer and Acceptance Analysis Formula
8th Aug 2019
Introduction: The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical ......

Current Position of Privacy Law in the UK
8th Aug 2019
Introduction: In recent years, the law on privacy has developed from the time of the traditional breach of confidence cases such as Coco v Clark (1969) and ......

Essential Elements of a Valid Contract
8th Aug 2019
Introduction: 1a Explain the different types of business contracts and discuss the essential elements of a valid business contract. (LO1) Business ......

Stare Decisis et Non Queita Movere
8th Aug 2019
Introduction: The English system of precedent is based on the Latin maxim: 'Stare Decisis et Non Queita Movere', stand by what has been decided and do not ......

Patent Infringement Protection
8th Aug 2019
Introduction: Patent Infringement Protection - International and Comparative Patent Law: American Home Products v Novartis (2001) RPC 159 elevates the protocol questions to the test for patent infringement. Explain on the basis of the......

Defence in an Accident Claim
8th Aug 2019
Introduction: Mr Fellows-Bennett shows you a defence in an accident claim which refers to the damages being claimed as 'too remote' and, in any event ......

Expression of thought
8th Aug 2019
Introduction: Petersen J, giving judgement in 1916, determined that copyright was concerned with protecting the 'expression of thought' and not the 'originality of ideas'. Copyright does not require that an expression must......

The Origin of Civil Law
8th Aug 2019
Introduction: As well-known civil law or also known as civilian law is a legal system which is influenced by the Roman law and in especially the Corpus... ...

An Agreement with Specific Terms
8th Aug 2019
Introduction: An offer refers to the willingness to contract within some specified terms .On the other hand, an acceptance is the unconditional agreement to the ......

Underrimae Fidei Requires Disclosure
8th Aug 2019
Introduction: Introduction The Marine Insurance Act 1906 enunciates in s.17 that ‘insurance is uberrimae fidei’. In the following sections , it can be seen ......

Sale of Goods Contracts
8th Aug 2019
Introduction: Sale of goods contracts are, without doubt, both the most common and the most important of all commercial contracts...

Different Types of Terms
8th Aug 2019
Introduction: A contractual term can be defined as ‘Any provision forming part of a contract’. Each term gives rise to a contractual ......

Common Law Reasoning and Institutions
8th Aug 2019
Introduction: ‘Judicial precedent is best understood as a practice of the courts and not as a set of binding rules. As a practice it could be refined or ......

Court Protection for Companies
8th Aug 2019
Introduction: If the Court makes an order to appoint an examiner the examiners duty will be to examine the company’s affairs, the company will have the protection of the Court......

Confidentiality and Privacy
8th Aug 2019
Introduction: Confidentiality remains one of the most controversial topics in the arbitration since the 1980s....

Discharge or End of a Contract
8th Aug 2019
Introduction: INTRODUCTION. In contract law, discharge or end of a contract occurs when the parties have fully performed their contractual obligations ......

Asylum Seekers Children in the UK
8th Aug 2019
Introduction: Asylum seekers children are faced and suffered from the scourge of war they are not decided to wage it or even to effect on it. They are paying t......

General Principles of Law
8th Aug 2019
Introduction: The classic account given by Dicey of the doctrine of the supremacy of Parliament, pure and absolute as it was, can now be seen to be out of place in the modern United Kingdom... (Lord Steyn in R (Jackson and Others) v. Attorney General)...

Claims Within the Construction Industry
8th Aug 2019
Introduction: Problem Specification Claims within the construction industry are a common phenomenon as contractors often look to claim for financial ......

Compensation for Pure Psychiatric Harm
8th Aug 2019
Introduction: 'The law on the recovery of compensation for pure psychiatric harm is a patchwork quilt of distinctions which are difficult to justify', Lord ......

Comparing English and French Legal Systems
8th Aug 2019
Introduction: “Legal systems are there to determine what will happen when people have disputes. Legal rules are also there so people can order their lives in ......

Penology and the Ethics of Punishment
8th Aug 2019
Introduction: Deontological moral systems are characterized by a focus on obedience to independent moral rules or duties. In order to make correct moral choices, one hash to understand what his or her moral duties...

Right of Set-Off Under Building Contracts
8th Aug 2019
Introduction: Right of Set-Off Under Building Contracts. The Dawnays case laid down a rule for the construing building contracts where monies have been deducted from interim payments to sub-constructors. In Dawnays Court of Appeal held that when a sum is certified by an architect as due under a building contract, the employer has no right of set-off....

Rule of Law Offers Protection for Citizens
8th Aug 2019
Introduction: Law protects a society from anarchism . It is a set of conducts that is established and enforced by a sovereign authority to ensure and maintain ......

Corporate Frauds World Over
8th Aug 2019
Introduction: Corporate frauds world over, are extremely dangerous gambles the corporate executives or employees for a variety of profit maximizing motives encouraged by poor corporate governance mechanisms....

An Express Trust
8th Aug 2019
Introduction:  In English law it is said that a trust places one of the most powerful obligations on the trustee and as a consequence, its responsibilities ......

Examples of Offer Termination
8th Aug 2019
Introduction: How is an offer terminated? Please provide examples and case law in order to support your answer. An offer remains open until it has been ......

Validity of Trusts in Regards to a Will
8th Aug 2019
Introduction: The validity of these trusts as set out in John’s will require observing, as in order for a valid trust the three certainties must be met unless it can be perceived as a charitable trust....

Constitutional Role of the Judiciary
8th Aug 2019
Introduction: The constitutional role of the judiciary is the application of legislation, if the wording of the legislation is ambiguous or unclear, then its meaning will need to be interpreted....

Common-law and Statutory Provisions Governing
8th Aug 2019
Introduction: The full implication of Lord Wolf’s reasoning in the case of R v Highton [2006] 1 Cr App R 125, became explicit in R v Campbell [2007] EWCA Crim 1472 in relation to the admissibility and use of bad character evidence of an accused person....

Royal Prerogative Powers and Common Law
8th Aug 2019
Introduction: The royal prerogative power is a body of customary authority, privilege and immunity recognised in common law and sometimes civil law jurisdictions ......

Negligence Causation and Remoteness
7th Aug 2019
Introduction: '...... In Wilsher’s case [1988] A.C. 1074... the House of Lords applied strictly the 'but – for' test an rejected the Court of Appeal ......

Liability Negligence Contracts
7th Aug 2019
Introduction: Liability Negligence Contracts. Prucilla, the proud owner of an art gallery, agreed that Shady would supply and install a ''first class modern lighting system'' at Prucilla's premises. The particular make/type of system was specified by Prucilla....

The Rule in Rylands vs Fletcher
7th Aug 2019
Introduction: This paper focuses on the rule of Rhylands vs. Fletcher a case that was heard in the early 1860s (specifically 1860-1868). In this case the plaintiff (Fletcher) sued Rhylands for the damage that the plaintiff believed was caused by the defendant....

Computer Misuse Act
7th Aug 2019
Introduction: Computer Misuse Act. The Computer Misuse Act (1990) was introduced to help deal with the problems caused by the misuse of computers and communication systems, especially......

Impact of Equality Act on Businesses
7th Aug 2019
Introduction: Critically review the discrimination of company policies and how the equality act 2010 will have an effect on businesses Methodology With regards ......

Rule of Law and Public Law
7th Aug 2019
Introduction: The rule of law is considered the most fundamental doctrines of the constitution of UK. The constitution is said to be founded on the idea of the ......

Jack v Wessex County Council
7th Aug 2019
Introduction: House of Lords Lord Slynn of Hadley, Lord Steyn, Lord Hoffmann, Lord Clyde and Lord Hobhouse of Woodborough 12,13 FEBRUARY, 1 JULY 1999 APPEAL ......

Sexual Undercurrent
7th Aug 2019
Introduction: It’s not blatant sexism, it’s more like a sexual undercurrent” (Female Police Officer cited in Foster et al. 2005)....

Equity New Rights
7th Aug 2019
Introduction: The origin of equity can be attributed to one established principle which reflects the true nature of equity; equity would not allow a ‘wrong to be without a remedy...’...

Stages of Law Making in the UK
7th Aug 2019
Introduction: This assignment will highlight the stages involved in law making in the United Kingdom. It will also look at the roles played by House of Commons ......

Commercial Lenders Law
7th Aug 2019
Introduction: Commercial Lenders Law. The law of Undue Influence is undoubtedly disconcerting to lawyers and commercial lenders as it offers one party an equitable right to have a transaction set aside. Should the Court....

Remedies Available for a Breach of Contract
7th Aug 2019
Introduction: What are the general principles in the formation of a contract? What are the various forms of remedies available for a breach of contract ......

Criminal Justice System Accommodate Young Offenders
7th Aug 2019
Introduction: In the golden ages it was believed that a child should be seen as a person and not as an object of concern however over time the treatment of children has been more enlightened....

Labour Employment Rights
7th Aug 2019
Introduction: Labour Employment Rights - Labour law also known as employment law deals with the body of laws, administrative rulings and precedents which addresses the legal rights of and restrictions on working people and their......

The Rule of Hearsay
7th Aug 2019
Introduction: In everyday language, Hearsay is well known as unverified information heard or received from someone else or simply matters whose facts you one is not sure of, or simply rumour....

The Test of Reasonableness
7th Aug 2019
Introduction: In UCTA the person relying on an exclusion clause has to prove that it is reasonable.Whilst the reasonableness test gives the courts ......

The Unwritten British Constitution
7th Aug 2019
Introduction: Constitution is the utmost supreme law of the land in any country .By the meaning of the constitution it is the codified drafted well organize ......

The Offence of Blackmailing
7th Aug 2019
Introduction: Peter’s liability The offence of blackmailing is defined in section 21 of the Theft Act 1968 (TA 1968) whereupon Peter has made a demand ......

Why Crime Statistics Fail?
7th Aug 2019
Introduction: Crime statistics were first published by the police force in 1876 in England and in Wales. Crime statistics attempt to provide accurate statistical measures of crime in society....

Certainty of Words Subject Matter and Objects
7th Aug 2019
Introduction: A trust will only come into existence if there is ‘certainty of words, certainty of subject matter and certainty of objects’ per Lord Langdale ......

Courts and Fraud Exception
7th Aug 2019
Introduction: Courts and Fraud Exception. The development of English case law in relation to the fraud exception is based on an American case: Sztejn v. Henry Schroder Banking Corporation, this was a decision of Judge Shientag......

For an Indirect Discrimination
7th Aug 2019
Introduction: The key elements in establishing indirect discrimination are contained in s 1(2)(b) of the Sex Discriminations Act 1975. Indirect discrimination......

Offer or an Invitation to Treat
7th Aug 2019
Introduction: On the 29th October 2010, Steven was making an invitation to treat by advertising in the New Focus Paper, “Yamaha Piano latest model, excellent ......

Governmental Power by the Executive
7th Aug 2019
Introduction: This essay will evaluate the importance of constitutional conventions in constraining governmental power by the executive. Firstly, the ‘executive’ and ‘constitutional conventions...

Copyright Law UK
7th Aug 2019
Introduction: This essay will explain the basis of copyright law in the UK, and how it protects authors and performers. The contention that all types of work and performances are protected...

The Contracts Rights of Third Parties
7th Aug 2019
Introduction: The Contracts (Rights of Third Parties) Act 1999] does make an improvement to the law in that it reforms a doctrine which many parties regarded as unjust and commercially inconvenient...

Are Offers Legally Binding
7th Aug 2019
Introduction: In this particular problem, the major issue is whether there is an option between Lewis and Benny. And the acceptance of Benny is effective or ......

Contract is a Legally-enforceable Promise
7th Aug 2019
Introduction: Contract is a legally-enforceable promise by one party to another. Contract is legally binding agreement concerning a bargain. It is essentially for sale or hire such as goods services or land....

Positive Action and Positive Discrimination
7th Aug 2019
Introduction: Provisions under the Equal Treatment Directive allow for Positive Action, but in some cases what aimed to be Positive Action is actually discrimination....

Covert Human Intelligence Sources
7th Aug 2019
Introduction: The use of covert human intelligence sources(CHIS’s), has been regulated by the Regulation of Investigatory Powers Act 2000 (RIPA), specifically Part II, since its inception into United Kingdom law...

The Courts as a General Rule
7th Aug 2019
Introduction: Once a company is incorporated it becomes a separate legal entity from its members and shareholders. Therefore it is the company that has perpetual......

High Courts Power of Revision
7th Aug 2019
Introduction: As the code says that there is no right to appeal in every case and it is confined to such cases as are specifically provided by the law. Even in such specified cases the code allows only one appeal and a review of the decision of the appellant court...

The Dark Figure of Crime
7th Aug 2019
Introduction: The dark figure of crime is a term that is used by crime experts and the sociologists to illustrate the number of committed crimes that are never reported or are never discovered and this puts into doubt the effectiveness and efficiency of the official crimes data....

The Aspects Involved in a Ship Collision
7th Aug 2019
Introduction: In my opinion, this present case involves five aspects which are collision, salvage, general average and oil pollution, and limitation of ......

Notion of Corrective Justice
7th Aug 2019
Introduction: It will be determined whether the notion of corrective justice has been undermined by a desire to secure compensation for innocent victims ......

Rights of Defendants
7th Aug 2019
Introduction: Rights of Defendants. Are the rights of the defendants sufficiently protected in Criminal Justice in England and Wales? success of the criminal prosecution is to be measured by the proportion of criminals whom......

Conflict between Common Law and Equity
7th Aug 2019
Introduction: The Earl of Oxford’s case of 1615 occupies a rather unique position in the development of the English legal system and is frequently referred to ......

Judge Judgment Decision
7th Aug 2019
Introduction: There was never a more sterile controversy than that upon question whether judge makes law. Of course he does. How can he help it Lord Radcliffe)....

The Supreme Law Maker
7th Aug 2019
Introduction: I will set about answering the question by firstly describing what law is. I will also briefly mention the law making bodies and classifications of law....

Bill of Rights for the United Kingdom
7th Aug 2019
Introduction: Over the years, there has been an ongoing debate over whether there should be a Bill of Rights for the United Kingdom (UK). The Government ......

McPhail v Doulton (1971) AC 424
7th Aug 2019
Introduction: This was an appeal to the House of Lords from an order of the Court of Appeal which affirmed in part the judgement of Goff J sitting at first instance....

Females Commit Less Crime than Males
7th Aug 2019
Introduction: In the past women have been ignored from crime statistics. Women’s criminality was seen to be invisible as well as crimes of wealthy powerful men. The common criminal was normally perceived as being a white male of low intelligence and of a working class family....

The Power of Judicial Review
7th Aug 2019
Introduction: Judicial Review (JR) is a great weapon in the hands of judges, it gives power to the courts to review statutes and governmental actions ......

The concept of capital
7th Aug 2019
Introduction: The concept of ‘capital’ has a restricted and technical meaning within company law. A company’s capital adds up to all of the cash or the value of assets received by a company from investors in return for the company’s shares....

Consumer Credit Bill 2014 - CCB
7th Aug 2019
Introduction: Academic writers on the subject of Consumer Credit have argued since the late 1980's that the regulatory scheme as implemented by the CCA......

Equity Will Not Aid a Volunteer
7th Aug 2019
Introduction: 'Let no one speak of the law’s delays if one of the most deeply rooted tenets of equity can crumble in the space of two years!'...

The Meaning of the Word Warranty
7th Aug 2019
Introduction: Introduction Warranty in insurance law is not exactly what it means in law of contract. “In insurance law, it refers to a certain term ......

Employees Health and Safety at Work
7th Aug 2019
Introduction: This report offers advice to SME (Client Company) in regards to its obligations towards employees under Health and Safety Laws. This involves ......

The Main Elements of a Crime
7th Aug 2019
Introduction: Actus Reus, Mens Rea and no defence are the main elements of a crime (murder). Actus Reus (is the guilty Act) has three common elements, which are causing an unlawful death of a human being....

Relations Between Gender and Crime
7th Aug 2019
Introduction: The relations between gender and crime are deep, persistent and paradoxical. Gender has been recognized as one of the most important factors that play a significant role in dealing with different kinds of crimes...

The Problem of Privity in Cases
7th Aug 2019
Introduction: This problem of privity invites the discussion the right of Harriet, a third party vis a vis the contract between Ivor and Jerry Builders Ltd ......

Breach of Contract Agreement
7th Aug 2019
Introduction: Breach of Contract Agreement. Sean placed a notice in his flat window stating 'Guitar for sale - £300'. On Tuesday whilst walking her dog, Anne's attention was drawn to this notice. The next day Anne walked past Sean's house again and saw that the......

The Parol Evidence Rule
7th Aug 2019
Introduction: The parol evidence rule is an oral agreement that is not essential or sufficient enough as evidence to the relevance of the written document. It ......

Scenario Presents an Exclusion Clause
7th Aug 2019
Introduction: Initially, the scenario presents an exclusion clause which can be defined as “a clause in a contract or a term in a notice which appears to ......

Contract Law Remedies
7th Aug 2019
Introduction: Contract Law Remedies. The Remedies for unexcused non-performance of the contract under French and English Law. Comparative study considering the influence of the Principles of European Contract law...

Philosophy or Political Theory of Law
7th Aug 2019
Introduction: Rule of Law The rule of law may be interpreted either as a philosophy or political theory which lays down fundamental requirements for law, or as a......

Maternity Leave and Employment Rights Act
7th Aug 2019
Introduction: Jane’s case is a fairly easy when will touch the Employment Rights Act 1996 which will protect her against unfair dismissal, under sex ......

The Most Important Benefit of Marriage
7th Aug 2019
Introduction: This paper will support the argument that, divorce laws governing married couples are not the most beneficial; in fact they are just one of many. Throughout this paper the aim is to compare laws that govern married couples with cohabitants, exemplifying an inadequate legal system....

Importance and Impact Terms are Broken
7th Aug 2019
Introduction: Outcome 2 A contractual term can be defined as ‘Any provision forming part of a contract’. Each term gives rise to a contractual obligation and......

Alternative Retributive Justice
7th Aug 2019
Introduction: Restorative justice has been shown to be an effective and controversial tool within the justice system, but can it be used as an alternative to retributive justice in today’s modern society?...

Delegated Legislation
7th Aug 2019
Introduction: Delegated legislation is allowing bodies below the parliament to pass their own legislation. There are three main forms of delegated legislation they are, statutory instruments, by-laws and Orders in Council....

Personal Liability on Sham Companies
7th Aug 2019
Introduction: The stakeholder interests are better represented in the presence of insolvency, company and employment law. The board of governance consist......

Rule for Judging Specific Standard of Care
7th Aug 2019
Introduction: The first thing I would advise yourself is the on the terminology, an express term is a term that is clearly expressed in the contract; there ......

Legal Liability For Stress Based Injury
7th Aug 2019
Introduction: In this essay I will discuss the area of stress based psychiatric injury suffered by employees and how due to recent developments in the law ......

Sexual Offences Act 2003
7th Aug 2019
Introduction: A number of criminal offences under the Sexual Offences Act 2003 (the Act) require consideration of the issue of consent....

Damages and Breach of Contract
7th Aug 2019
Introduction: Damages and Breach of Contract. This paper aims to discuss and examine the case law, Wrotham Park Estate Co Ltd v Parkside Homes Ltd. and analyse the reasons why Brightman J in this case believe that there will be unjust if the nominal sum is......

Overview of the Unfair Contract Terms Act
7th Aug 2019
Introduction: Introduction A basic concept that emerges in the area of the Law of Contract is the classical theory of freedom of contract, followed by the ......

Rethinking of the No Action Clause
7th Aug 2019
Introduction: Part I: Introduction During the last few decades, the volume of the usage of the trust in financial transactions has increased considerably ......

Whether Skyride Owe a Duty of Care
7th Aug 2019
Introduction: Abdul v Skyride Ltd Although a claim under psychiatric injury is a special case of negligence, I will be applying the elements of the tort ......

Duty of Disclosure in Case Law
7th Aug 2019
Introduction: If one was to consider risk, then the assumption that the insured knows more than the insurer stands valid by the duty of disclosure in case law....

The Marine Insurance
7th Aug 2019
Introduction: The marine insurance is based on an important principle that is ‘Utmost Good Faith’ which is the crown field in this law. It is the responsibility of the ship-owner or the cargo owner to an insurance contract...

Confidentiality is to Keep Secret
7th Aug 2019
Introduction: Confidentiality” is to keep secret about something that has been spoken, heard or written in confidence....

The UK System of Government
7th Aug 2019
Introduction: First of all we are going to take a look at the Uk system of government, because it is very different than the Romanian one. The United Kingdom ......

Means of What Should You Do in the Position of Consideration
7th Aug 2019
Introduction: By doing the question, I would know what is consideration and performance of existing duties. The consideration is just simply said that something that receive by a promisor from promisee. The performance of existing duties......

Cross-examination Example
7th Aug 2019
Introduction: The purpose of this cross-examination will be to challenge the version of events put to the court by Tessa Grayling during the examination-in-chief....

The Impact of Companies Act 2006, s.172
7th Aug 2019
Introduction: For global economies like the UK, a shift towards codified duties aimed at corporate governance seems inevitable. Anglo-American business management......

Duties and Responsibilities of Directors
7th Aug 2019
Introduction: The welfare of a company depends on the shoulders of the directors and the directors are also responsible for the interests of the company as well as shareholders....

Pleural Plaques is Not an Actionable Injury
7th Aug 2019
Introduction: Introduction Personal Injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an ......

What is in Fact Economic Loss
7th Aug 2019
Introduction: ABSTRACT Let us begin with the question: What is in fact 'economic loss' for which a party, individual or a company, is liable under law? The ......

Cipd Pathway and Redundancy Payments Acts
7th Aug 2019
Introduction: SCENARIO ONE Redundancy has become a daily part of our lives since the introduction of the Redundancy Payments Acts 1965 mainly because of the ......

An Offer Is a Definite Promise or Proposal
7th Aug 2019
Introduction: An offer will be lapse if it is not accepted within the stipulated time. If A offers to sell a car to the B and ask the B to reply on or before......

The Independence of the Judiciary
7th Aug 2019
Introduction: Independence of the judiciary (also judicial independence) is the principle that the judiciary should be politically insulated from the ......

Distinction Between Employees and Self-employed
7th Aug 2019
Introduction: The question pertaining to the distinction between employees and self-employed is important in employment law. It is important to know whether a person is an employee or self-employed, for the purposes of determining their entitlements such as redundancy pay,...

Reform of House of Lords Membership
7th Aug 2019
Introduction: The reform of the upper house of the Parliament has been attempted since the establishment of parliamentary democracy in the UK. Some of these ......

Damage Caused Was Not Too Remote
7th Aug 2019
Introduction: In tort cases, generally it is of course true that the claimant is required to discharge the burden of showing that the breach of ......

A Discussion of Homicide
7th Aug 2019
Introduction: Under the facts of the scenario, Vincent had died and this would warrant a discussion of homicide....

Respective Rights and Duties Under Contracts
7th Aug 2019
Introduction: I am asked to advise the parties as to their respective rights and duties under each of the contracts and as to whether English court would accept ......

Parliament of Malaysia and United Kingdom
7th Aug 2019
Introduction: In Malaysia and United Kingdom, the Parliament have the abilities to grant other relevant bodies such as ministers and local authorities the power to make laws....

English Law Use Equity as a System of Law
7th Aug 2019
Introduction: Modern equity mainly comprised with substantive and procedural principles and they only allow the courts limited discretion. To understand equity......

House of Commons and Parliament
7th Aug 2019
Introduction: A Key Function Of The House Of Commons Is To Hold The Executive To Account. How Effectively Does The House Of Commons Carry Out This Function?

Parliament in the UK is made up of the House of Commons and the House of Lords....

New Rule for New Type of Situation
7th Aug 2019
Introduction: (1) Find Hartley v Ponsonby 119 E.R 1471 and Stilk v Myrick 170 E.R 1168, (2) explain how the judgment in Hartley v Ponsonby builds on the Stilk ......

Patent Technology Devices
7th Aug 2019
Introduction: Patent Technology Devices - The patent scheme is designed to protect technology devices, actual machines, and new chemical biotechnological/nano-technological compositions rather than pure concepts...

Contractual and Tortious Liability Analysis
7th Aug 2019
Introduction: Any particular person or business' activity is regulated by law. Any argument between the parties will be considered and decide by high court based on the governed rules and a particular circumstance....

What are Prerogative Powers?
7th Aug 2019
Introduction: “The prerogative powers of the Crown remain in existence to the extent that Parliament has not expressly or by implication extinguished ......

Exemption Clauses in General
7th Aug 2019
Introduction: Exclusion clauses, or in general exemption clauses could enter into the contract by these three possibilities – signature, reasonable notice and ......

Young Offenders in the UK
7th Aug 2019
Introduction: During this essay I will look at the crime policy focusing on what is available for young offenders which is between the ages of 10 - 17, using the communitarianism theory to see if their work has made any changes to the way the crime policy operates....

Horizontal Effect of Human Rights Act
7th Aug 2019
Introduction: The Human Rights Act 1998 (hereinafter H.R.A) received the Royal Asset and became law on 9 November 1998, the main provisions came into force ......

Uk's Constitutional Arrangements
7th Aug 2019
Introduction: In light of the statement above, the arguments for and against codifying the UK's constitution will be set out in the following essay and especially considering the arguments with regards to codification and the impact of it on the Rule of Law, Parliamentary Sovereignty, Judicial Review and the Human Rights of UK citizens....

Explain the Margin of Appreciation Doctrine
7th Aug 2019
Introduction: Introduction The national authorities of Contracting States to the European Convention of Human Rights and Fundamental Freedoms (1950) (‘ECHR’)......

Burglary and Robbery Criminal Liability
7th Aug 2019
Introduction: To discuss whether Diane and Viv have any criminal liability to each other we have to know first what is burglary and robbery is. By s9 Theft Act l968:- A person is guilty of burglary...

Law Cases and Questions
7th Aug 2019
Introduction: Mandy, a university student, made bad investment and consequently suffered a loss....

Draft Construction Contracts
7th Aug 2019
Introduction: Under English Law parties are free to draft construction contracts in whatever way they wish, and there are no controls over the terms to be included in them...

Equity Dates Back to the Works of Aristotle
7th Aug 2019
Introduction: A brief historical account of the development of equity is necessary to understand how it came to be so integrated in today’s legal system......

Postal Rule of Acceptance
7th Aug 2019
Introduction: Abstract This paper examines the creation, development and application of postal rule of acceptance. Postal rules are exceptions of offer ......

Occupiers Liability Acts 1957 and 1984
7th Aug 2019
Introduction: Occupier’s liability is a field of tort law which deals with liability that may arise from accidents caused by the defective or dangerous ......

The Impact Behind Restrictive Covenents
7th Aug 2019
Introduction: Restrictive covenants can have both an impact on employees and employers. They are inserted to employee’s contract and come in effect as soon ......

Crime Comprises of Two Elements
7th Aug 2019
Introduction: Corporate legal persons (companies and limited liability partnerships – LLPs) can be held responsible for unlawful omissions. A firm may be ......

What is Nervous Shock?
7th Aug 2019
Introduction: The law on the recovery of compensation for pure psychiatric harm is a patchwork quilt of distinctions which are difficult to justify, Lord Steyn, Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455 at 500....

Contract Breach Claim
7th Aug 2019
Introduction: Contract Breach Claim. This question relates to 3 contracts. The first contract is between Douglas and Jill...

The UK Should Have a Written Constitution
7th Aug 2019
Introduction: At present in Britain we have no written constitution, but instead a collection of laws and customs which govern our political system. Along with ......

Britain and America's Constitution in Comparison
7th Aug 2019
Introduction: In this essay I will be discussing Britain’s constitution and will look at America’s constitution briefly in comparison. Then I will be discussing whether Britain needs a codified constitution like America or whether Britain runs well as it is....

Explain What Statute Law Is
7th Aug 2019
Introduction: A statute law is a written law produced by Parliament which originates from decisions made in other courts and the country’s written constitution......

Legally Binding Contract
7th Aug 2019
Introduction: It is held within this case that there was a legally binding contract as there was an acceptance via post and no counteroffer had been made during the negotiations....

Expression of Willingness to Contract
7th Aug 2019
Introduction: For a contract to exist on there must be an offer. The offer must be accepted between the two parties or there will be no contract....

Constitutional Conventions Obligation
7th Aug 2019
Introduction: Constitutional Conventions Obligation. To investigate the proposition, 'there is no clear agreement about what amounts to a constitutional convention', firstly, will require a look at the different definitions of what amounts to a constitutional convention, and to discuss their function or purpose, within the U.K's constitution....

Royal Prerogative along with Statute Law
7th Aug 2019
Introduction: The prerogative powers of the crown or ‘Royal Prerogative’ along with statute law, is a source of executive power. Once reserved only for the ......

Appleby v Myers Contract
7th Aug 2019
Introduction: Full text FACTS Appleby agreed to erect machinery on Myers’s premises for £459. When the erection was almost complete, an accidental fire ......

Is 'Trial by Jury' as Effective in UK?
7th Aug 2019
Introduction: One of the very old common law processes in the UK legal system is ‘trial by jury’. Jury is commonly known as a body of citizens sworn to give ......

Concerning the Hart and Dworkin Debate
7th Aug 2019
Introduction: “The moment now seems opportune to step back and ask whether the Hart/Dworkin debate deserves to play the same organizing role in the ......

Company Law Advice: Trading Breakdown
7th Aug 2019
Introduction: I am instructed on behalf of M Charles Perret to advice on the company law issues that arose due to the cessation of Boxwood’s trading....

Woolf Reforms
7th Aug 2019
Introduction: In 1995 there was a survey carried out by National Consumer Council[1] which found that 3 out of 4 people who are involved in serious legal disputes were dissatisfied with the civil justice system....

Hearsay Evidence, Statutory Accommodation in the UK
7th Aug 2019
Introduction: - Chapter 2, Part 11 of the Criminal Justice Act, 2003(hereinafter '2003 Act') has sought to redefine and regulate the exclusionary rule against hearsay and the permissible exceptions....

The Concept Company Ownership
7th Aug 2019
Introduction: The concept company ownership is a complex, powerful and controversial idea. It is impossible to imagine current economic life without webs of controlled or related corporations....

Contract Between Company and Members
7th Aug 2019
Introduction: Section 33 of the Companies Act 2006 provides for a ‘statutory contract’ between the company and its members. It is this contact that is the subject of much controversy and confusion which has spanned over a period of decades....

Consumer Contract Credit
7th Aug 2019
Introduction: Consumer Contract Credit. Consumers' behaviours in the twenty-first century are wholly different to those thirty years ago. With rapid developments in information technology and major economic booms, we are essentially living in a global platform....

Explain the Sources of English Law
7th Aug 2019
Introduction: This essay examines the different ways English law is created and then evaluates the role of legislation as the most important source of law. ......

Model Articles for Private Companies
7th Aug 2019
Introduction: Articles of Association are a set of rules which forms part of the constitution of the Company. It governs the running of the company. A model set ......

Principles of Natural Justice
7th Aug 2019
Introduction: The principle of natural justice or fairness is the sine qua non of a democratic government. Principles of natural justice includes: (a) Rule ......

Elements of Business Law
7th Aug 2019
Introduction: The assignment: In a team write a report of no more than 1,000 words for Arkwright, advising him on the advantages and disadvantages of ......

Freedom of Speech in Actions of Defamation
7th Aug 2019
Introduction: Common law has provided protection to reputation through the law of defamation. It has been recognized for a long time that protection of ......

The Concept of Share Capital
7th Aug 2019
Introduction: INTRODUCTION Before beginning any business, an entrepreneur will need to raise resources, or capital, as investment, and the amount of capital ......

Section 3 of Human Rights Act
7th Aug 2019
Introduction: The presupposition when reading the Human Rights Act 1998 (HRA) s.3 is that the courts have been given the remit to interpret statutory ......

R v Lord Chancellor (ex Parte Witham)
7th Aug 2019
Introduction: Heard at the Royal Court of Justice, Queens Bench Division. On the 19th February 1997 John Witham with permission of Lightman J. applied for a ......

Constitutional Search and UK Parliament
7th Aug 2019
Introduction: Dicey’s classic definition has 3 basic points. These are That parliament is the sovereign law making body and can enact any law it wants on any ......

A Public Limited Company
7th Aug 2019
Introduction: A public limited company is a popular business model for many corporate governance reasons. Corporate governance can be defined as ‘the system of laws, rules and factors that control operations of a company....

In a Recent Review of UK Company Law
7th Aug 2019
Introduction: there was no merit in imposing a more integrated regime on groups of companies which would take away flexibility and strike at the limited ......

Commercial Law
7th Aug 2019
Introduction: Charlie used to run his own business as a chocolate maker....

Law Governing Rape and Sexual Assault
7th Aug 2019
Introduction: The law governing rape and sexual assault is contained in the Sexual Offences Act 2003 (SOA 2003) which came into force on ......

Succesfully Claim Damages for the Distress
7th Aug 2019
Introduction: In 20th July 2009, Lucy Smith contracted with Horizon Builders Ltd development of project at Moor View House. Following a telephone conversation ......

Reasonable Expectations of Parties Concept
7th Aug 2019
Introduction: In systems of law where there is a general duty of good faith in the performance of contracts the need to supplement the written contract ......

Liability for Negligent Misstatement
7th Aug 2019
Introduction: In seeking to critically evaluate the view that 'Liability for negligent misstatement has never been clearly defined' with reference to the......

Analysis of the Equality Act
7th Aug 2019
Introduction: The introduction to Equality Act 2010 Equality Act 2010 is an act of the Parliament of United Kingdom which taking effect from October ......

Punitive Damages
7th Aug 2019
Introduction: Exemplary damages' also known as punitive damages are damages which are intended to punish the defendant and seek to effect retribution, as well as being concerned to deter the defendant from repeating the outrageously wrongful conduct...

The Separation of Powers Essay
7th Aug 2019
Introduction: This essay aims to examine the reasons for and why it is important to have a separation of powers, to examine the united kingdom's constitution, assessing our somewhat unclear separation of powers, and discussing the reasons why we do not have a strict separation, taking into account the overlaps and relationships between each limb of government and the checks and balances required for it to operate efficiently...

The Common Law System
7th Aug 2019
Introduction: A 'common law system' is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat ......

Reform Between Wrongful and Unfair Dismissal
7th Aug 2019
Introduction: In order to be able to effectively examine the role between wrongful and unfair dismissal, it is necessary to appreciate how each concept operates ......

The Prerogative Powers of the Queen
7th Aug 2019
Introduction: With Particular Reference To The Prerogative Powers Of The Queen, Discuss The Nature And Importance Of Constitutional Conventions As A Source Of Rules In The British Constitution...

Legal Advice on Exports to EC Countries
7th Aug 2019
Introduction: Article 28 EC quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States....

Why Contracts Should Create Obligations
7th Aug 2019
Introduction: What possible answers are there to the question of why contracts should create obligations between the parties that the law will enforce?  Which ......

Fraudulent Claims in England in 16th Century
7th Aug 2019
Introduction: Introduction There is a component which is very necessary in all of the simple contracts that defined as consideration. Furthermore, it has been ......

Conclusion of a Contract
7th Aug 2019
Introduction: There maybe an extensive negotiation between the parties leading to a conclusion of a contract. This maybe in a form of an oral or written communications such as letters, price lists, advertisings as well as formal contract documents....

Comparison of Civil and Common Law
7th Aug 2019
Introduction: In this part of my essay, I am going to compare civil and common law. First of all, before comparing those two legal system, let me to give ......

The IRAC Methodology
7th Aug 2019
Introduction: This question involves two different contracts, and each will be dealt with separately below. In addressing the fact patterns the answers will adopt the IRAC methodology....

The Case of Twinsectra
7th Aug 2019
Introduction: Introduction This essay looks at the case of Twinsectra, most particularly Lord Millet’s views as articulated in the obiter judgement of that ......

The Theory of Frustration in English Law
7th Aug 2019
Introduction: Does the doctrine of frustration have a useful and coherent role to play in English contract law? Introduction Discharge is the technical ......

Self Service System is Invitation to Treat
7th Aug 2019
Introduction: The case that Pharmaceutical Society of Great Britain v Boots Ltd established that self-service system is an invitation to treat instead ......

Who An Employee Is
7th Aug 2019
Introduction: It has always been problematic to define an employee. The consequences of being an employee can have far reaching consequences for both employee ......

Proving Actus Reus or Mens Rea: Examples
7th Aug 2019
Introduction: Even if the facts are insufficient to establish D’s guilt under s.18. D can still be charged with s.20 offence, it is not necessary to demonstrate intent....

Tort of Defamation and Right of Reputation
7th Aug 2019
Introduction: Everyone living in a society has a reputation and selfrespect in the society and wants to exercise this without any interference from others. The ......

Changes in the Law of Evidence Over Time
7th Aug 2019
Introduction: This essay demonstrates that admissibility of prosecution evidence has become increasingly flexible and less technical and this is entirely justifiable....

Anti Social Behavior
7th Aug 2019
Introduction: The subject of anti-social behaviour has received a great deal of attention from politicians and within the media in recent years....

Elements of the Theft Act
7th Aug 2019
Introduction: Theft act 1968 (TA) Section 1(1) defined as “A person is guilty of theft if he dishonestly appropriates, property, belonging to another ......

Only Parties to Contract Can Enforce it
7th Aug 2019
Introduction: PRIVITY OF CONTRACT 1. The Privity of Contract Doctrine The privity of contract doctrine dictates that only persons who are parties to a contract ......

Proving Undue Influence in Court
7th Aug 2019
Introduction: 2.1 Preliminary First and foremost, any discussion on the law of undue influence must begin with Allcard v Skinner where Cotton LJ clearly stated ......

Revocation or Termination of an Offer
7th Aug 2019
Introduction: Introduction Offer and Acceptance must be established before an agreement or a contract can be said to have occurred. For two parties to reach ......

Police Powers Increase Since the 80s
7th Aug 2019
Introduction: There have always been robbers and there have always been cops. Since their conception in 1361 with the Justice of the Peace Act there were 4 men ......

Ways to Resolve a Dispute
7th Aug 2019
Introduction: Alternative dispute resolution, also known as ADR, refers to processes and techniques of resolving disputes, with the assistance of an independent......

Statutes and Delegated Legislation
7th Aug 2019
Introduction: This assignment will delineate the various stages of the law-making process in parliament. In addition it will consider the importance of the ......

E commerce and E Contracts
7th Aug 2019
Introduction: The advent of new technologies such as the internet and other networks have changed the business world and provided the trading processes ......

Impact of Legal Aid Cuts on Domestic Abuse and Immigration Cases
7th Aug 2019
Introduction: While campaigners against the cuts and reforms of legal aid in the United Kingdom seem to receive very little media attention, secondary sources of legislation ensure transparency of the most important and impactful measures taken by the government in creating political policies. ...

Role of Good Faith in Modern Commercial Law
7th Aug 2019
Introduction: In comparison with other common and civil law jurisdictions, in the English commercial law, there is no general obligation for a party to act in good faith, either on contracting, negotiation or even performance. ...

Outline and Describe the Scottish Civil Court Structure
7th Aug 2019
Introduction: Scotland's law is seen as a mixed system and not purely the common law system and this due to scot lawyers preferring to take ideas from Roman Law and other continental legal systems rather than the English Law. ...

Definition of Employee Relation
7th Aug 2019
Introduction: Employment relation can be defining as employer and employees relationship in a formal and informal nature that arises between management ......

The English Law on Insurance Contracts
7th Aug 2019
Introduction: The English Law on insurance contracts as it stands today contains some rules which are arguably pro-insurer and consequently highly prejudicial to the assured....

The Evolution of Rape Law
7th Aug 2019
Introduction: Many people think that rapists are sexual psychopaths with perverted thoughts and actions. Research, however, disagrees with this myth....

Polluting Event of Churchills
7th Aug 2019
Introduction: entify and explain the criminal liability (If any) of each of Brockwells polluting event and that of Churchill’s, and of any individuals involved......

Unfair Dismissal Against Wrongful Dismissal
7th Aug 2019
Introduction: In the United Kingdom (UK) the two areas of dismissal, Unfair dismissal and Wrongful dismissal have grown and adapted due to changes in the work ......

Men's Rea
7th Aug 2019
Introduction: Men's Rea Law Essay. All the prosecution must show is that the defendant possessed the specified mental state or mens rea towards the required actus reus. This approach, however, as the title suggests, fails to take account of the way......

Risks of Buyer Seller and Ship Owner
7th Aug 2019
Introduction: In today’s world, the world of commerce and trade, goods are being always transported from one place to another, one country to another ......

Corporate Manslaughter - Shipping Safety
7th Aug 2019
Introduction: Corporate Manslaughter - Shipping Safety. The Herald of free enterprise was followed by so many deaths resulting from shipping accidents like the Piper Alpha disasterand a few others. There was also the general feelings that enough was not been done in terms of safety. As a response to this, in 1996 the law commission's report......

United Kingdom Law for Suicide
7th Aug 2019
Introduction: In the United Kingdom it is not against the law for someone to commit suicide. It is however unlawful to help (e.g. assist) someone who wants to commit suicide....

Legal Systems in English Law
7th Aug 2019
Introduction: English law is based upon a common law system. This developed historically because of the fact that prior to the Norman Conquest, there were various different legal systems governing different parts of the British Isles...

The Civil Court in Scotland
7th Aug 2019
Introduction: The civil courts in Scotland are provided by the state for citizens to resolve any disputes they may have in a fair and respectable manner. Whereby the one party (the pursuer) will raise an action in front of the relevant civil court against another (the defender)....

Copyright Infringement Permission
7th Aug 2019
Introduction: Copyright Infringement Permission. Under UK copyright law, owners of certain works prescribed in s.1(1) Copyright, Designs and Patents Act 1988 (hereafter CDPA 1988) are given a bundle of property rights....

Consent for the Purposes of Sexual Offences
7th Aug 2019
Introduction: Described by the Home Office Review, Setting the Boundaries, as a ‘patchwork quilt of provisions’, the old law on sexual offences was a hodgepodge of archaic and discriminatory requirements....

Limited Liability Partnership Bill, 2006
7th Aug 2019
Introduction: Limited liability concept was introduced in order to adopt a corporate form, which combines the organizational flexibility and tax status of partnership......

Fault Elements in Modern Criminal Law
7th Aug 2019
Introduction: One of the most important fault elements in modern criminal law is recklessness. Like intention, though generally less blameworthy, it can be a rather complex concept in determining mens rea....

Advise to Beneficiaries
7th Aug 2019
Introduction: Alex died two years ago. His validly executed will left his collection of paintings and £300,000 to Paul and Irvin to hold on trust for "such of my grandsons, Harry, Richard and Steven, as they reach 21, and if more than one, in equal shares"....

Role of the Jury Service
7th Aug 2019
Introduction: Analyse The Role Of The Jury Service Within The Criminal Justice System In England And Wales. To What Extent Can A Jury Ignore The Law?...

Jurisprudence Criminal Law
7th Aug 2019
Introduction: Jurisprudence Criminal Law Essay. The Act of Union was passed in 1800 fully integrating Ireland within the United Kingdom, a situation which remained until the Irish Constitution was sanctioned in 1922 with Article 73 perpetuating many accepted traits of English Common Law....

Who is Covered by Employment Laws?
7th Aug 2019
Introduction: This essay argues that there is a need to extend employment law protection beyond employees to ensure that vulnerable workers are also protected....

Duty of Lawyers to Provide Bro Bono Services
7th Aug 2019
Introduction: This essay will, firstly, understand the lawyer’s duty in providing pro bono services in England and Wales, and secondly, to consider the type of system which is the best for pro bono work....

Development of the Law
7th Aug 2019
Introduction: The principle that I am considering for this assignment is that it is manslaughter and not murder if a person kills or is party to a killing of another due to a loss of control....

The Law and Social Work Practice
7th Aug 2019
Introduction: The aim of this assignment is to consider the importance of law for social workers and discuss the professional skills and values which underpin social work practice in England and Wales today....

What Are the Main Problems?
7th Aug 2019
Introduction: Employee, worker and self employed persons should enjoy different legal status as the kind of work done by each category of persons is different......

Some Terms are More Important than Others
7th Aug 2019
Introduction: In the past the courts maintained that the distinction between conditions and warranties was to be made without considering the actual results of ......

Parliamentary Privileges are the Rules
7th Aug 2019
Introduction: Parliamentary privileges are the rules protecting individual MP’s & institutions of parliament themselves from outside interference from civil and criminal courts during parliamentary proceedings....

Causes of Wrongful Convictions
7th Aug 2019
Introduction: The causes of wrongful convictions have been attached to miscarriages of justice that occur due to procedural errors and system actors....

The Employment Rights Acts
7th Aug 2019
Introduction: Legal certainty comes with a continuous process of the updating of laws by means of notifications, regulations, amendments and precedents ......

Copyright Infringement Patents
7th Aug 2019
Introduction: Copyright Infringement Patents. It may well seem that the concept of idea/expression dichotomy is the most complicated and controversial aspects in Copyright Law. Copyright law protects a work that it has been produced by one person and this person retains the right to use this work according his will; any person who without permission copy and use a copyright protected work then he will face an action by the court for copyright infringement....

Introduction of the Equality Act 2010
7th Aug 2019
Introduction: This report focuses on the changes from old law to the introduction of the Equality Act 2010 in terms of how discrimination is treated within ......

Common Law in Comparison to Equity Law
7th Aug 2019
Introduction: In comparison with common law in which boundaries, regulations and rules can be found , equity is different with no solid structure and this ......

The Protection of the Exemption Clause
7th Aug 2019
Introduction: Definition of exemption clause “This is a clause in a contract which purports to exclude liability altogether or to restrict it by limiting ......

Does the Issue on Breach of Duty Favor Both Parties?
7th Aug 2019
Introduction: The scope of this text is to critically assess if the issue on breach of duty sufficiently favors both parties or if indeed time has come for further reforms to be put in place. ...

Adoption and Children Act Proposal
7th Aug 2019
Introduction: This proposed legislation, attempts to create a pre-separation formal agreement in respect of the upbringing and residence of a child following the separation of the child�s parents....

Acquiring an Easement by Prescription
7th Aug 2019
Introduction: The essential characteristics of an easement have been long established and bound and enshrined in the workings of the modern day Land Law system....

Is Contract Law Suitable for the Digital Economy?
7th Aug 2019
Introduction: The value of the digital economy is growing in millions of network nodes; it indicates that the benefits generated by the network will increase exponentially as the number of network users’ increase....

Land Registration Act
7th Aug 2019
Introduction: The agreement between Sylvia and her brother was an oral agreement and no formal conveyance of title took place, which would have triggered a registration at the Land Registry....

The Treatment Excessive Pricing
7th Aug 2019
Introduction: Taking into account the definition given by Cosmo Graham on what constitutes an excessive pricing it can be said that it is: the classic offence of a monopolist....

Public Interest and Immunity
7th Aug 2019
Introduction: Public Interest And Immunity. In this paper, the justifications for the existence of public interest immunity will be examined. In particular, the author will analyse the interests that this form of immunity seeks...

Free Family Law Essay
7th Aug 2019
Introduction: Free Family Law Essays. Samantha and Gordon have been married for four years. Daniel and James, twins presently aged 13, live with them. They are Samantha's sons from a previous relationship....

Effect of Medieval Literature on the Law
7th Aug 2019
Introduction: Researchers exploring the interrelationship between writing and law are interested either in the formal investigation of legitimate composition as a type of writing or in the topical examination of the law as it was written....

Equity as a Modern Source of Law
7th Aug 2019
Introduction: This essay examines the importance of equity as a modern source of law in light of its historical development, with reference to relevant case law and legislation....

Stakeholder Approach
7th Aug 2019
Introduction: It used to be thought that the company’s primary goal is or ought to be maximizing the interests of the shareholders. Nonetheless, more problems are increasingly raised concerning the shareholder primacy theory,...

Governmental Power in the United Kingdom
7th Aug 2019
Introduction: Over the course of this analysis, various key sources of governmental power in the United Kingdom will be critically examined, keeping in mind the nature, purpose, and course of development of the same. ...

National and European End of Life Laws
7th Aug 2019
Introduction: With regard to active euthanasia, the problem lies in the patient's consent. Indeed, patients suffering from a persistent vegetative state cannot always express their consent due to the seriousness of the disease....

Dispute Resolution Issues in the Construction Industry
7th Aug 2019
Introduction: Due to the complex nature of the construction industry, the majority of construction contracts will include various clauses to regain any cost that is incurred due to the faults of another party ....

Land Law Assignment
6th Aug 2019
Introduction: Land Law Essays - Use Our Free Law Essays and Assignments To Help You With Your Law Course...

Equity Not Perfects on Imperfect Gift
6th Aug 2019
Introduction: Equity will not perfect an imperfect gift”, this maxim from Milroy (1862) had been recognized as the strict rule that apply to the area of law related to the transfer of a gift....

The Present Law Governing
6th Aug 2019
Introduction: The present law governing cohabiting couples has been widely criticized; so much so that the Law Commission has characterised the existing rules as arbitrary, uncertain and unfair....

Case of Tom and Erika
6th Aug 2019
Introduction: In the case of Tom and Erika there are three main issues that are highlighted, if Erika can divorce Tom, how she can protect herself from his violent outbursts and finally if Erika can divorce Tom then what financial settlement can she expect to receive....

Confessions Made During Questioning
6th Aug 2019
Introduction: Confessions made during questioning are seen as powerful indications of guilt and characteristically lead to conviction; 98% of cases in which suspects confess result either in a guilty plea or a conviction following trial....

Laws Regarding Homosexuals
6th Aug 2019
Introduction: During the last century laws regarding homosexuals changed significantly. During the 1960s, homosexuality was a criminal offence.......

Foreign Awards and Foreign Judgments
6th Aug 2019
Introduction: Prior to 1937, foreign awards and foreign judgments based on foreign awards were enforceable in British India on the same grounds and in the same circumstances as they were in England under the common law, on the grounds of justice, equity and good conscience....

Enlightened Shareholder Value
6th Aug 2019
Introduction: This essay will consider S 172 CA 2006 in reflection of true ‘enlightened shareholder value’ and the standard set out in same section in the lights of different theories on judgement ,merit of opinion and fact based on theoretical approaches...

Police Stops and Right to Silence
6th Aug 2019
Introduction: The purpose of this paper is to critically consider how police powers of stop, search and arrest, along with changes to the right to silence ......

Immigration Law and Families
6th Aug 2019
Introduction: A Study On Immigration Law: To What Extent Do Families Become Detained In The UK For Claiming Asylum Seeker Status; In What Cases The Detention Can Be Seen As Unlawful?...

Consideration in Contract Formation
6th Aug 2019
Introduction: Consideration is essential to the formation of any contract made without deed. It distinguishes a bargain or contract from a gift. Lush...

Nurses Roles and Duties to the Patient
6th Aug 2019
Introduction: In today’s society, the legal system has become the center piece of a highly decorated health care system. Just as every civilian is liable to ......

Sham Marriages
6th Aug 2019
Introduction: It has already been reported several times in separate reports that the “Sham Marriages” are on a rise in UK, which is a direct consequence of the strict immigration laws in the country....

Course of Action Under the Children's Act
6th Aug 2019
Introduction: Paula visited the family. Jim claimed that Karen hurt her arm when she fell. He also claimed that Karen had taken his darts without his permission and accidentally caused the puncture wounds herself whilst playing with them....

The Role of Consideration in Law
6th Aug 2019
Introduction: Lord Goff described contract law in England as being ‘hampered’ by the ‘unnecessary doctrine of consideration’. White v Jones [1995] 2 AC ......

What Is the Function of a Jury?
6th Aug 2019
Introduction: The purpose of this essay will be to explore the function of the jury and its role within the Criminal Justice System. The proposition in the......

Insurance Law is a Developing Area
6th Aug 2019
Introduction: An insurance contract is seen as a 'contract of utmost good faith' which means that both parties to a contract must have a strict duty to be ......

Time and Delay Related Provisions Under JCT
6th Aug 2019
Introduction: 2.1 Introduction In a construction contract, both the employer and the contractor may contribute to causing delay to construction contracts ......

Criminal Law
6th Aug 2019
Introduction: The issue of omission constituting to criminal liability, the laws, statues and precedents that go alongside it are extremely serious and widespread......

Within Restraint of Trade
6th Aug 2019
Introduction: At first instance courts held any restrictions as void as it was affecting a man’s freedom and it was until the case of Nordenfelt v Maxim Norden......

Breach of Contract in Construction
6th Aug 2019
Introduction: The Bellgrove v Eldridge case was bought before the High Court in 1954 in relation of a breach in contract. My understanding of this case is that......

Is State Liability a Genuine Contribution?
6th Aug 2019
Introduction: The ability of private parties to enforce European Community law in national courts is now an essential feature of the integrated legal system......

How the Doctrine of Precedent Operates
6th Aug 2019
Introduction: In this course work essay, how the English law system operates to a new case on application of the doctrine of precedent. Firstly, it will ......

Hooliganism in Football
6th Aug 2019
Introduction: This report will look at Football hooliganism and how it has changed through the years. It will look at the early years of hooliganism and compare ......

Employment Law and Practice
6th Aug 2019
Introduction: A. In order to determine the types of claim Anne Roberts might be entitled to bring and to identify the company these claims should be brought ......

Free Movement of Labour Immigration
6th Aug 2019
Introduction: The question of immigration and movement of workers within the European Union has become an increasingly important issue in EU politics. One of ......

Criminal Law and Procedure for Police and Criminal Evidence
6th Aug 2019
Introduction: The Police and Criminal Evidence Act 1984 (PACE) along with its codes of practice, provides the foundation and structure for policing powers and secures these policing powers around stop and search, arrest, detention, investigation, identification and interviewing detainees....

Human Rights Act and Deportation
6th Aug 2019
Introduction: The World Health Organization (WHO) defined the scale of global migration, as ‘the movement of people from one area to another for varying ......

What the Parties Said or Wrote
6th Aug 2019
Introduction: TERMS OF THE CONTRACT The parol evidence rule is that where the record of a transaction is embodied in a document, extrinsic evidence ......

Manslaughter Criminal Law
6th Aug 2019
Introduction: Manslaughter Criminal Law. A trained nanny was charged with manslaughter after forcing a child in her care to digest a large amount of salt. Although the child began to have convulsive reactions, the nanny did not seek medical assistance, nor did the parents after they returned....

Advising a Client to Make a Claim Against a Large Company
6th Aug 2019
Introduction: The construction of the contract is vital.  Clause 2.1 was therefore incorporated as a result of Elliot signing the contract (regardless of whether or not he read the document) as the exclusion clause was present at the time the contract was made....

The Nature of Legal Personality
6th Aug 2019
Introduction: The strategic advantage of the use of corporate form for those wishing to carry on business is inexhaustible. It obviously provides an important......

Shareholders' Company Shares
6th Aug 2019
Introduction: Shareholders' Company Shares. The inexorable growth of companies and the increased shareholder sophistication in recent years have led to stronger demand for shareholder rights and remedies that safeguard the interests of investors from errant and manipulative management....

Exemplary Damages and Situations
6th Aug 2019
Introduction: This essay will define exemplary damages and situations in which they are awarded, followed by arguments for their retention and arguments in favour of abolition; it will suggest reformations and then conclude with a standpoint....

Contract Law Doctrines
6th Aug 2019
Introduction: Contract Law Doctrines. A classic view of contract law is to establish rules and principles for contractual parties to understand how far their contractual obligations go....

Compensation as a Result of Skyrides Tort
6th Aug 2019
Introduction: Several issues need to be discussed in this scenario to establish if Abdul, Brian and Christine can successfully claim for compensation as a ......

Copyright in the Artwork
6th Aug 2019
Introduction: In this case the House of Lords took the opportunity to restate the principles applicable to the infringement of artistic Copyright....

Decision in Johnson v Unisys [2001] IRLR 279
6th Aug 2019
Introduction: Critically Assess the Decision in Johnson v Unisys [2001] IRLR 279 to Limit the Application of the Iimplied Term of Mutual Trust and Confidence in Relation to Dismissals...

Possible Scenario When Selling Land
6th Aug 2019
Introduction: The best possible scenario when selling land is for the sale contract to refer to a list of items as being included or excluded. In residential transactions, the seller usually completes a fittings and contents form and a specimen form TA10 can be found on the Law Society website....

Non-consensual Sexual Aggression
6th Aug 2019
Introduction: This is a case where Susan claims being a victim of non-consensual sexual aggression after a date with Tom. Both were drunk. A used condom was found indicating that there had been sexual intercourse between the two....

Federal Polity Essay
6th Aug 2019
Introduction: Federalism is classically defined as a system of government in which the distribution of power is governed by a constitution and the two elements, the centralised authority and the constituent units, are interdependent and independently......

Discrimination Law
6th Aug 2019
Introduction: Discrimination in employment is unlawful in certain circumstances...

The Beneficiaries
6th Aug 2019
Introduction: The fact that money has changed form, from money to share, is no obstacle in equitable tracing if it proved that the shares were purchased with the beneficiary’s money....

A trust is an equitable obligation
6th Aug 2019
Introduction: A trust is an equitable obligation, binding a person (who is called a trustee) to deal with property over which he has control (which is called......

Anti Discrimination Law and Equal Pay
6th Aug 2019
Introduction: In seeking to critically discuss “In the context of equal pay, the search for a comparator is often a futile exercise in pursuing the goal ......

Claim for Loss of Profit
6th Aug 2019
Introduction: The summarisation explores many different issues. Firstly whether Paver can claim for his loss of profit will depend on whether he can be ......

Exemption Clause
6th Aug 2019
Introduction: An exemption clause is a contractual term by which one party attempts to cut down either the scope of his contractual duties or regulate the other parties right to damages or other possible remedies for breach of contract....

Doctrine of Parliamentary Sovereignty
6th Aug 2019
Introduction: The doctrine of parliamentary sovereignty of the United Kingdom parliament is presented in a distinctive legal arrangement and is not subject to judicial review by the court....

The History of Employee Relation
6th Aug 2019
Introduction: This paper will discuss the contextual changes which have occurred in UK from 1978 to 2008 and how these changes have shaped the current employment......

Directors and their Responsibilities
6th Aug 2019
Introduction: This paper discusses on whether the new codification of directors duties in the Companies Act 2006 gives a true reflection of the previous commo......

The Citizen and the State
6th Aug 2019
Introduction: Judicial review is one way that an individual can dispute the process of how a decision was made by a public authority. The “courts will not ......

What Are Constitutional Conventions?
6th Aug 2019
Introduction: The constitution of the United Kingdom encompasses many sources, both legal and non-legal. The legal sources govern the entire society and range ......

Introduction of the Equality Act
6th Aug 2019
Introduction: This is a written report of the changes from old law to the introduction of the Equality Act 2010 in terms of how discrimination is treated ......

Transfer of Undertaking Regulations
6th Aug 2019
Introduction: What is TUPE Common law defined a contract of employment as “a personal contract between the employer and employee; when that relationship ......

A Contract Is Void Without Consideration
6th Aug 2019
Introduction: A valuable in the sense of law may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other’ noted John.B, 1976,Osborn’s-Concise-Law-Dictionary 6th edn., Sweet & Maxwell, London. When both parties had ......

The Law Relating to Exemption
6th Aug 2019
Introduction: As technology has changed and advanced so much over the recent years the law needs to be in a position to cope with these changes. Therefore contract law in the United Kingdom has undergone significant change....

Enquiry into Knife Crime in Britain
6th Aug 2019
Introduction: On June 29th last year, sixteen-year-old Ben Kinsella was celebrating the end of his GSCE with his friends in Shillibeers Brasserie Bar, in London. During their celebrations trouble broke out between Ben’s friend Alfie and a man called Osman Ozdemir....

Bus Stop Negligence Scenario
6th Aug 2019
Introduction: The Bus Stop Problem Queenie, a single parent, lived with her son Brian, who was six years old, and her four month-old baby girl, Jemima. Queenie w......

Examining Wills, Secret Trusts and fraud
6th Aug 2019
Introduction: Wills Act is an anti-fraud device in the way to make sure will of the testator is genuine by complying with different formality requirements ......

Contractual Obligations
6th Aug 2019
Introduction: The aim of damages is to make sure that the claimant doesn’t suffer from the defendants breach of contract, but to put the claimant back into the position...

Delegated Legislation is Law
6th Aug 2019
Introduction: Delegated legislation is law made by some person or body other than parliament, but with the permission of parliament. The authority is laid down in a parent act of parliament, known as an enabling Act which creates the structure of the law...

Contract of Carriage
6th Aug 2019
Introduction: Contract of carriage. The contract of carriage for monetary reward constitutes a type of locatio conductio operis, which is a contract for the letting and hiring of services, whereas an agreement of gratuitous carriage will classify the contract as one of deposit....

Company has No Strictly Technical Meaning
6th Aug 2019
Introduction: Company has “no strictly technical meaning”; the nature and constitution of company derives from formation and practice and is governed by Companies Act 2006, and is also crystallised...

Equity Functions
6th Aug 2019
Introduction: The creation of equity was necessary in order to make the fixed and rigid common law, more flexible and fair. In ancient England, at certain......

Recognition of Trade Unions
6th Aug 2019
Introduction: I] DEVELOPMENT OF TRADE UNIONISM Background: Trade Unions are the group’s set-up with the aim of trying to create fairness and job security in a ......

Law Questions
6th Aug 2019
Introduction: There are quite a lot of definitions of law but no agreement as to the precise meaning. Some of the definitions of law are as follows:...

There Are Two Ways to Create an Express Trust
6th Aug 2019
Introduction: There are two ways to create en express trust; these are declaration of self as a trustee and the transfer of property to trustees. For an express......

Agreement Contract Negotiations
6th Aug 2019
Introduction: Agreement Contract Negotiations. The concept of a duty to carry on negotiations in good faith is inherently repugnant to the adversarial position of the parties when involved in negotiations. Each party to the negotiations is entitled to pursue his (or her) own interest, so long as he avoids making misrepresentations......

The Separate Legal Personality of a Company
6th Aug 2019
Introduction: >A limited company has a separate legal personality from its members, or shareholders. The barrier between the company’s assets and those of its members is known as the ‘veil of incorporation’....

Evidence Leaves the Matter in Doubt
6th Aug 2019
Introduction: The burden of proof (onus probandi) can be defined as a legal duty upon a party to prove or disprove a disputed fact or facts during the course of ......

Awakening from China to Peru?
6th Aug 2019
Introduction: McPhail v Doulton is not only a case that presents many challenges for criticism but also a case that has a significant position in English Equity...

What Constitutes Murder has Changed Overtime
6th Aug 2019
Introduction: What constitutes murder has changed overtime. The scope of the law of murder is still a matter of controversy and opinions of legislative, executive and judicial branch are divided....

Jury Law System
6th Aug 2019
Introduction: Jury Law System - The issues, which are being discussed The historic decline of trial by Jury is to be welcomed....

Consider the UK’s Constitution Doesnt Work
6th Aug 2019
Introduction: This essay is going to explore and investigate the arguments both, for and against codifying the UK’s constitution in light of the statement......

Legal Status of Eastern Greenland
6th Aug 2019
Introduction: A suit was instituted before the Permanent Court of International Justice (hereinafter PCIJ) by Royal Danish Government against the Royal Norwegian Government over the legal status of certain territories in Eastern Greenland....

Modern Employment Law in England
6th Aug 2019
Introduction: The main focus of this essay will be on modern Employment Law in England and Wales starting first by giving an insight into the background of the formation of the law and then moving towards defining who an employee is and then the aims...

Sexual Harassment at Work
6th Aug 2019
Introduction: This research is conducted as we want to assess the actual situation of sexual harassment. We will find out the reasons behind it and look for solutions. To get a sample for the research we will first use the stratified sampling.....

Judicial Review in United Kingdom
6th Aug 2019
Introduction: Past, Present and Future Pallavi Saxena 21/ILI/LLM(E)/2010 When one talks of Judicial Review in the context of Constitutional Law, one would think ......

Implied Terms of this Contract
6th Aug 2019
Introduction: Contract Law It is clear that the two parties have entered into a contract of sale which as defined in section 2(1) SGA that a contract ......

How a Contract May be Discharged
6th Aug 2019
Introduction: There are four ways in which a contract may be discharged as follows:- performance (i.e. fulfilling and complying with all the contract terms) ......

Krell v Henry and Herne Bay Stream v Hutton
6th Aug 2019
Introduction: Two cases that revolve around similar facts and were decided by the same Court of Appeal in 1903 within a few days’ interval, yet reconciling the rationale leading to the two different outcomes of the respective cases is often questionable...

McCutheon v David MacBrayne Ltd - 1964
6th Aug 2019
Introduction: McCutheon delivered his car to the defendant shipping company for carriage from the Hebrides to the mainland. The car was destroyed when......

Conveyancer and Property Lawyer Case
6th Aug 2019
Introduction: Jonathan Garton Subject: Equity. Other related subjects: Company law. Trusts Keywords: Constructive trusts; Equity; Execution; Gifts; Share......

The Term Lay People
6th Aug 2019
Introduction: The term ‘lay people’ is used to describe the use of ordinary, non-qualified people in the legal system. It is believed that by using ordinary people in courts it makes the system fairer and avoids people...

The Concept of Judicial Independence
6th Aug 2019
Introduction: In a liberal republican democracy, judicial independence functions to set out and also protect political rights, civil liberties and also the rule ......

The Most Expensive Purchase, a Mortgage
6th Aug 2019
Introduction: By the nature of the mortgage, terms of repayment of the debts are incorporated in the document. It may also contain certain rights, but invariably......

The Defamation Act
6th Aug 2019
Introduction: The Defamation Act 1996 was created with the purpose of protecting individuals or organisations from slander and libel. Defamation occurs when untrue, damaging information about someone is published to a third party....

Administration Orders in Corporate Rescue
6th Aug 2019
Introduction: The Administration is a tool to give breathing space for a financially struggling company, to create a rescue plan or provide better returns for creditors....

A Promise Unsupported by Consideration
6th Aug 2019
Introduction: 1.0Introduction In general a promise unsupported by consideration is not a binding contract. Consideration was define by Sir Frederick Pollock as ......

Corporate Manslaughter Legislation
6th Aug 2019
Introduction: Critically asses the above statement with reference to academic commentary, and by comparing the Corporate Manslaughter and Corporate Homicide Act ......

Reynolds Defence
6th Aug 2019
Introduction: In English law the defamation is defined as “publication of a statement which tends to lower a person in the estimation of right thinking members of a society generally or which trends to make them to shun or avoid that person....

A Crime Control Central Justice
6th Aug 2019
Introduction: At the core of the criminal justice system is the delivery of justice for all, by convicting and punishing the guilty and helping them to stop ......

Issues in the Constitutional Reform Bill
6th Aug 2019
Introduction: The position is that once a statute has been validly passed, under the enrolled bill rule, its validity cannot be questioned by the courts...

The Law of Provocation
6th Aug 2019
Introduction: The law of provocation has been accused of being discriminatory against female defendants, forcing them to plead diminished responsibility to secure a manslaughter conviction....

Limited Liability Partnership
6th Aug 2019
Introduction: By virtue of Section 1(2) of the LLP Act 2000, once a Limited Liability Partnership has been incorporated, it becomes a body corporate, with a separate legal personality from its members and it has its own rights and liabilities separate from that of its members...

Disapproval of Exemption Clauses
6th Aug 2019
Introduction: Introduction “A clause may be inserted into a contract which aims to exclude or limit one partys liability for breach of contract or .......

The Limits on Parliamentary Sovereignty
6th Aug 2019
Introduction: Over the years experts have argued for the limits on parliamentary sovereignty to be recognised and that courts should not defend statutes which ......

Do Judges Sometimes Make Law?
6th Aug 2019
Introduction: This essay will argue that there are several areas in which judges actually do make law although; they should not be allowed to do so. To begin ......

Corporate Group Structure
6th Aug 2019
Introduction: There is no compact and universal definition of the company. On the other hand, a company can be described for legal purposes as an independent person having an existence separate from that of the human beings who own, manage and serve....

Armchair Doctrine Interpretation of Wills
6th Aug 2019
Introduction: THE APPLICATION OF THE 'ARM CHAIR DOCTRINE' FOR THE INTERPRETATION OF WILLS This section incorporates what is known as the armchair rule. This ......

The Mere Fact of Agreement
6th Aug 2019
Introduction: The mere fact of agreement alone does not make a contract. Both parties to the contract must provide consideration if they wish to sue on the contract....

Are the UK Copyright Laws of High Standard?
6th Aug 2019
Introduction: An examination of the UK position on ‘originality’ in the law of copyright, to determine if this law is satisfactory and make suggestions for improvement....

Legal Status of Temporary Agency Workers
6th Aug 2019
Introduction: Since the introduction of the Employments Rights Act 1996, the question whether a claimant in an unfair dismissal case is or is not an employee ......

Alcohol Related Crime
6th Aug 2019
Introduction: The notion that alcohol consumption usually results in negative consequences has been ingrained in our collective consciousness from time immemorial....

Feldarol v Hermes - Critical Casenote
6th Aug 2019
Introduction: The second finding of satisfactory rejection of the vehicle offers little discussion and was the obvious route for the court....

Factual Cause of the Defendant's Loss
6th Aug 2019
Introduction: First, there is the issue of whether what the defendant did was the factual cause of the defendant’s loss. Secondly, there is the issue of whether, in certain cases, although the claimant’s loss is the factual result.....

Damages Mental Shock Accident to child
6th Aug 2019
Introduction: King v Phillips CIVIL PROCEDURE: TORTS; Negligence COURT OF APPEAL SINGLETON, DENNING AND HODSON LJJ 23 JANUARY, 16 FEBRUARY 1953 Damages – Menta......

Claims of Misrepresentation in Contracts
6th Aug 2019
Introduction: The remedies available on a successful claim of misrepresentation would be rescission or damages and in this case damages is the likely remedy....

Legal Method and Systems
6th Aug 2019
Introduction: The doctrine of precedent is the cornerstone of the development of the common law...The doctrine of precedent is a mysterious process that is capable of accurate analysis....

Gifts that have been made in contemplation
6th Aug 2019
Introduction: The position in relation to Agatha is relatively straight forward. She has made several gifts that may be contrary to her will; however, we have ......

Corporate Manslaughter and Corporate Homicide Act
6th Aug 2019
Introduction: The Corporate Manslaughter and Corporate Homicide Act was given Royal assent on 26 July 2007. The offence came into force on 6 April 2008 and is called corporate manslaughter in England, Wales and Northern Ireland, and corporate homicide in Scotland...

Duty of Care Breach and Damages
6th Aug 2019
Introduction: Duty of care is the foundation of negligence, it means defendant have a legal duty to take care of the people legally around him. We can judge ......

Employee and Employer Relationships
6th Aug 2019
Introduction: Mr Witanga has enjoyed model making as a hobby for over thirty years. In March 2004 he was engaged by Hans Christian Anderson Model Making Studio Ltd......

Equal Pay Act
6th Aug 2019
Introduction: In view of the sexual discrimination that takes place in several organizations, the impact of the Equal Pay Act needs to be taken into consideration......

Lay People Dissertation
6th Aug 2019
Introduction: Laypeople are people without any formal legal training. They can also be called lay magistrates, lay Justices or Justices of the Peace....

Standard Forms of Construction Contracts
6th Aug 2019
Introduction: Construction contracts are of a complex nature and are included among the few types of contracts which have to be in writing. According to section ......

The Potential Criminal Liability
6th Aug 2019
Introduction: Discuss The Potential Criminal Liability Of Mo And Bill Under The Offences Against The Persons Act 1861 And Under The Criminal Damage Act 1971 As Appropriate....

Key Elements of Law in Business Contracts
6th Aug 2019
Introduction: In this assignment the basic information regarding the business activities will be viewed. The main use of this assignment is to apply......

Insider Dealing Dissertation
6th Aug 2019
Introduction: This dissertation will attempt to investigate the need to prohibit and regulate insider dealing. It will identify the problems associated with its regulation......

Corporate Governance in Telecommunications
6th Aug 2019
Introduction: This research study is based on an analysis of the different corporate governance systems followed by the Telecommunication Companies in the UK....

Unfair Commercial Practices
6th Aug 2019
Introduction: The 2008 Regulations, implemented the Unfair Commercial Practices Directive 2005/29/EC which prohibits unfair commercial practices that infringe ......

Insolvency Law
6th Aug 2019
Introduction: Critically discuss why the retention of commercial morality and public confidence is critical when constructing an insolvency law system....

Bapio Action Limited & Another
6th Aug 2019
Introduction: This essay will focus on the Court of Appeal Case Bapio Action Limited & Another v Secretary of State for The Home Department & Another [2007] EWCA Civ 1139....

Factors Considered to Grant Bail to a Juvenile
6th Aug 2019
Introduction: In the event Max Greentree pleads not guilty, where will max’s trial of the latest theft matter (concerning the digital camera, etc.) take place and why?......

Duties Owed by Directors of Listed Companies
6th Aug 2019
Introduction: Critically evaluate the duties owed by directors of listed companies set out in the companies Act 2006. A company is a species of corporation ......

Certainty of Intention in an Express Trust
6th Aug 2019
Introduction: In order to advise Tim on what will happen to the shares, the holiday cottage and the paintings, it is necessary to establish whether Julie ......

Company Law and Insolvency
6th Aug 2019
Introduction: The English Company Law is wide-ranging, complex, technical but often interesting. The main source of English company law ......

Implications of the FOB Contract
6th Aug 2019
Introduction: Joshua has made a contract with Abraham that he will deliver him 500 dell version 1.1 computers to Abraham by May2010. The contract has been ......

Duty to Obey the Law
6th Aug 2019
Introduction: The statement explicitly presupposes the existence of a duty to obey the law. However, it is reassuring that many influential academics ......

Evidence and Witnesses
6th Aug 2019
Introduction: R v Kearley (1992) 2 AC 228. The defendant was convicted of an offence of drug trafficking. One of the central pieces of prosecution evidence was ......

Function of the contemporary Police Force
6th Aug 2019
Introduction: The following essay proposes to look into the issue of the role and function of the contemporary police force, charting the actual business of early twenty first century policing and comparing this to the public’s...

Feminists have Argued that Criminal Law
6th Aug 2019
Introduction: Feminists have argued that criminal law has proven inadequate in its application of equality in relation to violence within the home and outside of it....

Power Devolved is Power Retained
6th Aug 2019
Introduction: Since the formation of the Scottish Parliament and Welsh Assembly in 1999, Westminster has handed over an increasing amount of power, allowing the ......

Fraudulent Claims in Marine Insurance Law
6th Aug 2019
Introduction: Critically assess the extent to which the rules governing fraudulent claims in marine insurance law have been driven by the principle stated ......

Agency and Domestic Sale of Goods
6th Aug 2019
Introduction: Passing of property is of vital importance in a contract of sale of goods. This is so since it has important consequences in terms of risk, the ......

The Constitutional Validity of an Act
6th Aug 2019
Introduction: The problem under consideration is related to the constitutional validity of an Act made by the British Parliament and thus gave rise to the noted ......

The Role of Tribunals Within England
6th Aug 2019
Introduction: In seeking to analyse the role of tribunals within England and Wales it is necessary to consider whether the tribunal service is a necessary ......

The Charities Act
6th Aug 2019
Introduction: The definitions of what a charity is and its purpose are explained in the Charities Act 2006 and is subject to the control of the High court....

Tanzania Legal Management of Contracts
6th Aug 2019
Introduction: From the very beginning of the human being, mankind has been in contractual relationship of one sort or another. When one enters into marriage ......

Voice Identification Parades
6th Aug 2019
Introduction: This casebook will provide a general review of voice identification parades as a method of forensic investigation through the examination of cases....

Comparative Analysis
6th Aug 2019
Introduction: The subject of this dissertation is the retention of title clause (ROT) in Belgium, the United Kingdom and the European perspective. Retention of title is on the crossroads of several law themes. It involves contractual issues......

The Need for a Lex Arbitri
6th Aug 2019
Introduction: Arbitration refers to the settlement of a dispute between two or more persons after hearing the parties in a quasi-judicial manner by persons ......

Do Judges’ Decisions Favour the Employee
6th Aug 2019
Introduction: Implied Terms are terms introduced into contracts either by statute, custom or the courts. Traditionally, terms were implied by courts based on necessity and reasonableness....

Sources of the British Constitution
6th Aug 2019
Introduction: It has been argued that the UK does not have a codified constitution, because its population lacks interest in such a radical constitutional ......

General Defenses to Particular Crimes
6th Aug 2019
Introduction: It is difficult to apply general defenses to a specific crime since there is a number of a defense which is available to all different crimes ......

Problems Caused by Partnership Act 1890
6th Aug 2019
Introduction: Partnership Act 1890 ('the Act') is constantly being criticized as of advanced age and thus fails to suit the vast number of modern ......

Hire Purchase Agreements
6th Aug 2019
Introduction: Definition Hire purchase agreements are agreements whereby an owner of goods allows a person, the hirer, to hire goods from him for a period of time...

Oil Pollution
6th Aug 2019
Introduction: Oil pollution presents a great danger to the maritime world. Australian Maritime Safety Authority has researched the burning issue of the oil pollutants for the year of 2006/2007 and the result was that the 57% come as a direct result from the ship incidents,...

Exceptions to Principles of Negligence
6th Aug 2019
Introduction: This paper details a proposal for an undergraduate dissertation to be written in the law of tort – specifically with regard to exceptions to the ......

What is the Right to Silence?
6th Aug 2019
Introduction: Tortures and forced confessions in interrogating suspects were well known to happen in most nations. Public authorities, such as the police had ......

Unlawful Homicide and Police Powers
6th Aug 2019
Introduction: Voluntary manslaughter is pleaded as a special and partial defence to murder. Voluntary manslaughter is a special defence which can only be pleaded in defence to murder and not for other criminal offences....

Directors and Statutory Duty
6th Aug 2019
Introduction: ‘A director is... a person appointed to act as one of a board, with power to bind the company when acting as a board, but having ......

Contract Law Terms
6th Aug 2019
Introduction: Contract Law Terms. The works to be carried out under a contract based on the Joint Contracts Tribunal SFBC 1998 are described in the contract documents, and under Article 1 of the contract the contractor...

Misuse of Private Information
6th Aug 2019
Introduction: Privacy springs from the same source as freedom of expression, therefore it is for the Courts to decide where the balance is to be struck between ......

Development of Statutory Derivative Actions
6th Aug 2019
Introduction: “The statutory derivative action, which replaced the common law action from October 1, 2007, has been amongst the most publicised and debated ......

CISG and Sales of Good Act
6th Aug 2019
Introduction: Critically compare and contrast the CISG with the domestic Sales of Good Act. Should the UK adopt the CISG? Introduction Trade between companies ......

Exploring Warranties and Product Liability
6th Aug 2019
Introduction: A warranty is defined as an assurance declared by the seller of property or goods to the buyer that the goods or the property being delivered to ......

Definitions of Different Contract Types
6th Aug 2019
Introduction: I am employed as a legal executive in a firm of solicitors. A clients (Mr. Tuan) has come and seeking advice on several claims.....

The Royal Prerogative
6th Aug 2019
Introduction: The royal prerogative itself is a notoriously difficult concept to define adequately.’Blackstone described the prerogative as the powers that ‘the king enjoys alone,...

Evolution of English Customary and Common Law
6th Aug 2019
Introduction: Equity to the layman means fairness and justice, but in the legal context its meaning has a much more strict definition. Equity is the name given ......

Criminal Law Scenario
6th Aug 2019
Introduction: Criminal Law Scenario. There are many evidential issues raised in this scenario that could be considered points of appeal. It would appear from the evidence that is available that the defendants have a very good reason to appeal to the court of appeal....

Comparing the UK Legal Systems
6th Aug 2019
Introduction: Great Britain’s United Kingdom and Northern Ireland consist of four countries which form three distinctive jurisdictions each of which has its ......

Consumer Protection
6th Aug 2019
Introduction: Consumer protection. The consumer's first safeguard must always be an alert and questioning attitude. Molony Committee on Consumer Protection(1962, Cmnd 1781,HMSO). It could be argued that despite the reforms of the Law through statutory provision designed to protect the Consumer......

Stages of Law Making Process in Parliament
6th Aug 2019
Introduction: Proposals for law making are the policies of the government of the day, government may propose legislation to deal with a particular event in the ......

Constitutional Authority in the UK
6th Aug 2019
Introduction: Although it appears complex, the allocation of constitutional authority in the UK is actually very simple. Parliament is legally free to decide policy and to make laws....

Safeguards in UK Copyright Law
6th Aug 2019
Introduction: It has been said that intellectual property legislation is structured around a fundamental conflict, which involves the balancing of the ......

Case Study of Breach of Contract
6th Aug 2019
Introduction: 1.0 Introduction A contract is for your order to perform or to cool the store. But if one party is fully break in the case does not meet its so ......

Summary of DPP v Jones
6th Aug 2019
Introduction: I have been ask to write an easy from a list of 10 cases and I’ve decided to do this case as I seem to be intrigued by this case as it involved D......

Legal Burden of Proof
6th Aug 2019
Introduction: Any student of the law of evidence soon becomes familiar with the dictum of Viscount Sankey LC in Woolmington v DPP where he said:...

An Agency May Arise by Necessity
6th Aug 2019
Introduction: According to S142 Contract Act 1950, an agency may arise by necessity or in an emergency. Agency of necessity means a person may become the agent ......

Policing Enforcing Rights
6th Aug 2019
Introduction: Policing is one of the most important requirements of a peaceful coexistence of the society. Policing can be described as an aspect of overseeing others to ensure that they keep to law and order....

Government Judiciary Constitution
6th Aug 2019
Introduction: Government Judiciary Constitution. Central to the rule of law in a modern democratic society is the principle that the judiciary must be, and must be seen to be, independent of the executive.' Lord Hope, Miller v Dickinson [2002] 3 All ER 1041 PC...

Origin of Consideration Has Been Long Rooted
6th Aug 2019
Introduction: For a contract to be legally enforceable there must be consideration. The origin of consideration has been long rooted in English law under the ......

Duties of a Director
6th Aug 2019
Introduction: Director’s duties is presently codified under part 10 of the Companies Act 2006.There is very little in terms of a formal requirement ......

Criminal Law Defendant
6th Aug 2019
Introduction: Criminal Law Defendant. There is a general recognition of human weakness in criminal law. Special defences are accorded in some areas such as the reduction from murder to manslaughter, circumstances of duress where an offender is overborne by threats of another......

Unfair Dismissal
6th Aug 2019
Introduction: Unfair dismissal is the termination of a contract of employment for unfair or inadequate reasons, with or without notice....

Rights of Agents on Agency Agreements
6th Aug 2019
Introduction: This dissertation is concerned with the rights of agents to compensatory payments on the termination of their agency agreements. Agency may ......

How Statues Affect Contractual Terms
6th Aug 2019
Introduction: In your own words describe the main Express Terms in your Contract. The Express Terms are what you are particularly agreeing to. It may be in ......

How Statutes Affect Contractual Terms
6th Aug 2019
Introduction: P2- Describe how Statues (the Law) affect Contractual Terms In your own words describe the main Express Terms in your Contract. The Express Terms ......

Alternative Disputes Resolution
6th Aug 2019
Introduction: Besides than court system, there are other ways for people to solve their disputes. Due to the inefficiency of the court system, 2 main alternative dispute resolutions such as mediation and arbitration are to be introduced....

Transition from Genentech to Biogen
6th Aug 2019
Introduction: Since its birth, the biotechnology boom has only experienced an upswing. Biotechnology has created an independent knowledge-based economy of its ......

Should Prisoners Have the Right to Vote?
6th Aug 2019
Introduction: Universal Suffrage The concept of universal suffrage is defined as every adult citizen capable of voting should have the right to vote and ......

Renewed Focus on Corporate Governance
6th Aug 2019
Introduction: Corporate governance refers to the system by which companies are directed and controlled. It provides the structures via which ......

Interpretation of Patent Claims in UK
6th Aug 2019
Introduction: Cargo Pharmaceuticals International Inc. is a generic pharmaceutical manufacturer. It does not conduct research and development itself into new ......

Company Secretary in Good Corporate Governance
6th Aug 2019
Introduction: Corporations, whether by family firms or state enterprises, work within boundaries set by law, by regulations, by those who own and fund them and by the expectations of those they serve. The nature of these boundaries varies from country to country and undergoes crucial changes through time. That is why there can be no single ......

Historical Roles of Non Executive Directors
6th Aug 2019
Introduction: This essay discusses the historical roles of Non-executive directors (NEDs) starting with the Cadbury (1992) code of best practice and their role ......

The National DNA Database
6th Aug 2019
Introduction: The National DNA Database (NDNAD) was set up in 1995, and it has since become a very potent tool in fighting crime. It can be argued that the database is infringing civil liberties by retaining the DNA profiles...

Tanzania Legal Management of Contracts
6th Aug 2019
Introduction: The requirement of having adequate provisions’ governing investments and commercial transactions in Tanzania Mainland has been taken care of by the SOGO now referred......

Principles of Corporate Governance
6th Aug 2019
Introduction: Directors and Officers Company cannot take any activities or function on its own because it is an artificial person. Furthermore, a company is sepa......

Occupiers Liability Owed by Lord Waltersmith
6th Aug 2019
Introduction: The first part of the question focuses on occupier’s liability, specifically the liability owed by Lord Waltersmith and his contractors to West ......

Role of Conventions in the UK Constitution
6th Aug 2019
Introduction: In, United Kingdom there is no such thing as a written constitution. Relying on the foundation of legal rules, constitution is spread out in many ......

Contract Made by Agents
6th Aug 2019
Introduction: Since a company is regarded as a separate artificial legal entity, it can only be represented by individuals....

Criticisms of Shareholder and Stakeholder Debate
6th Aug 2019
Introduction: “...the company, as an artificial person, can have no interests separate from the interests of those who are associated with it, whether as shareholders, creditors, employers, suppliers, customers or in some other way. So, the crucial question is, when we refer to the company, to the interests of which of those sets of natural persons are we referring? Of course, one could take the view that the beauty of referring to the interests of the company, without any further specification of what is meant, is that the answer to my question is left wholly ambiguous and obscure ......

Law Recognises Person as Legal Capacity
6th Aug 2019
Introduction: Legal capacity is defined at Goodey et al. (2008, p. 98) as “law recognises a person as having legal capacity only when that person understands and appreciates the consequences of their actions”....

Arbitrator Can Determine the Proper Law
6th Aug 2019
Introduction: The significance of the international arbitration is that one of the foreign legal system and a foreign country is involved, thus they have the......

The Definition of Intention Case
6th Aug 2019
Introduction: The actus reus for murder is the unlawful killing of a human being caused by an act or omission of the defendant.......

The Buyers Rights to Reject
6th Aug 2019
Introduction: With the economic globalization,the trade between the countries are more and more frequent.These transaction are referred to as export transactions......

Relationship between EC and Domestic Law
6th Aug 2019
Introduction: hellip; EC Law Has Paramountcy Over National Law Because Parliament In Passing The 1972 Act Intended This … If A Future Parliament Were To Provide Otherwise, The UK Courts Would Be Obliged To Give Effect To National Law....

Separate Legal Personality of a Company
6th Aug 2019
Introduction: Introduction Since 1897 , the principle of the separate legal personality of a company has become a vital part of company law. This date marks ......

English Legal System Delegated Legislation
6th Aug 2019
Introduction: Acts of Parliament are only a small part of the annual legislative output. Statutory Instruments (which are themselves only one kind of delegated legislation) outnumber Public General Acts by a factor of twenty and outweigh them by a factor of five....

Lifting of the Corporate Veil
6th Aug 2019
Introduction: The 'Veil of Incorporation' or 'Corporate Veil' is a fictional veil between the company and its members....

Significance of Judicial Review
6th Aug 2019
Introduction: In R (Alconbury) v Secretary of State [2001] Lord Hoffman described the significance of Judicial Review in the subsequent statement: ‘The ......

Suspicious Activity Report Regime in the UK
6th Aug 2019
Introduction: The Suspicious Activity Report (SAR) is a piece of information which alerts the relevant authorities of any suspicious customer activity . This ......

Breach of Duty in Corporate Form
6th Aug 2019
Introduction: The corporate form as a trading vehicle is the preferred business model for entrepreneurs as it provides a corporate veil over the element of risk ......

Limited Liability Company
6th Aug 2019
Introduction: As the name itself defines a limited liability company is the company where the shareholders liability towards the loss or deficit is limited by shares. Here the only investment a shareholder......

The Use of Super Injunctions by Courts
6th Aug 2019
Introduction: In pursuing this legal project, I aim to discover the use of ‘Super Injunctions’ as a weapon used by the Courts to gag investigative ......

Actual Authority and Apparent Authority
6th Aug 2019
Introduction: Actual authority and apparent authority are quite independent of one another. Generally they coexist and coincide but either may exist without the other and their respective scope may be different....

The Limits on Parliamentary Sovereignty
6th Aug 2019
Introduction: Over the years experts have argued for the limits on parliamentary sovereignty to be recognised and that courts should not defend statutes ......

Fixed and Floating Charges in United Kingdom
6th Aug 2019
Introduction: Fixed charges are the charges that are held against some specified, tangible assets. The charges are raised immediately after it makes a deal ......

The Law of Agency and the Agent
6th Aug 2019
Introduction: A person who has been employed to carry out task or act for another or as a representative for third party in dealings is known as an agent ......

Sales of Goods Act 1979 Details
6th Aug 2019
Introduction: Sale of Goods Law This is the act of English parliament which deals with the sale and buying of goods. The Act includes sections from sales ......

Critical Coverage of Syndicated Loan Agreement
6th Aug 2019
Introduction: The case in question scrutinizes what will happen when a lender is a group of people rather than one individual and how they may desire to vary their terms ......

The Supremacy of the Law
6th Aug 2019
Introduction: Law, as it is the command of the Sovereign which means that law has its source in sovereign authority, law is accompanied by sanctions, and the ......

Exemption Clauses and Unfair Terms
6th Aug 2019
Introduction: As technology has changed and advanced so much over the recent years the law needs to be in a position to cope with these changes. Therefore ......

Justify the Patenting of Life Saving Drugs
6th Aug 2019
Introduction: There have been wide-ranging debates about the introduction of patents on pharmaceuticals in developing countries. On the one hand, it has been ......

Veil Piercing in Corporate Governance, Dissertation
6th Aug 2019
Introduction: The dissertation’s inquest was born out of an appreciation of the concern expressed by a plethora of related contemporary literature that, the veil protecting directors and shareholders......

Meta Tags and Trademarks Laws
6th Aug 2019
Introduction: The age of technology has experienced vivid expansion in modern years, and the use of search engines has altered the use of internet from flaccid ......

Primary and Secondary Legislation
6th Aug 2019
Introduction: Each society in the world in order to function properly needs certain set of rules that would protect the society and its individuals, secure ......

Duties of Directors and Relevant Case Law
6th Aug 2019
Introduction: Introduction The directors’ duties to the company were governed by the common law of negligence and the equitable principles of fiduciary ......

A Theory of Justice
6th Aug 2019
Introduction: There are a number of well known business insolvencies which happened without any signal. These collapses affected to all related parties included ......

Ethics is Branch of Social Science
6th Aug 2019
Introduction: The term ethics is derived from the Greek word ‘ethos’ which means character. Ethics is the branch of the social science, which deal with concepts such as right and wrong,...

Inexorable Growth of Companies
6th Aug 2019
Introduction: Introduction The inexorable growth of companies and the increased shareholder sophistication in recent years have led to stronger demand ......

The Doctrine of Proper Law of Contract
6th Aug 2019
Introduction: Until the middle of the 19th century, the courts applied the law of the place where the contract was made, the lex loci contractus, to decide ......

Reforms of the Sale of Goods
6th Aug 2019
Introduction: The linkage between passing of property and the ascertainment of the contractual goods as required by section 16 of the Sale of Goods ......

The Concept of Liberalism
6th Aug 2019
Introduction: Liberalism regards the legitimacy of the power and authority within a state and recognizes the importance of the individual and can be attributed ......

Concept of a Police Report
6th Aug 2019
Introduction: The term 'report' has been defined to mean “To give an account of, to relate, to tell, to convey or disseminate information, communicate ......

Control Over Delegated Legislation
6th Aug 2019
Introduction: Delegated legislation is allowing bodies below the parliament to pass their own legislation. There are three main forms of delegated legislation ......

Forced Marriage Law in the UK
6th Aug 2019
Introduction: How has the law responded to the problem of forced marriage? The legal remedies available to persons married or marrying under duress...

The Marine Bill Dissertation
6th Aug 2019
Introduction: This dissertation is about the relationship between marine environment and sustainable development....

Legislative Procedure of Acts of Parliament
6th Aug 2019
Introduction: In this essay it will be covered the legislative procedure of Acts of Parliament in The United Kingdom focusing on the importance of Parliament ......

Effect of Anti Money Laundering Legislation
6th Aug 2019
Introduction: According to the House of Lords (2009) money laundering is defined as a process through which a particular source of an overwhelmingly acquired ......

Market Abuse in UK and Hong Kong
6th Aug 2019
Introduction: Introduction Market Abuse and Market Misconduct The Concept of Duty of Care The Legal Framework of Market Abuse Legislation in UK The Legal ......

Discussion of the Director and their Duties
6th Aug 2019
Introduction: There are few aspects of company law which do not, in some way, involve a discussion of the director and their duties. The person who executes ......

Consumer Contracts and Commercial Law
6th Aug 2019
Introduction: Generally contracts are concluded by providing express terms in the agreement and such express terms specifically mentioned and agreed by parties ......

Analyse the Remedies Available to a Company
6th Aug 2019
Introduction: This chapter seeks to analyse the remedies available to a company in event of a breach of duty by directors. Thus the statutory derivative action and the unfair prejudice remedy will be examined as to how readily......

Prior to the Fraud Act 2006
5th Aug 2019
Introduction: The Fraud Act came into force on the 15th January 2006 and replaced the eight deception offences contained within the Theft Act 1968 and 1978. Prior to the introduction of the Fraud Act 2006 the former law had been the subject of criticism...

Insolvency Law Aims Critique
2nd Aug 2019
Introduction: Pick one of the aims of a good modern insolvency law as promulgated by the Cork Committee in paragraph 198 of their seminal 1982 report. Critique ......

The Business Judgement Rule
2nd Aug 2019
Introduction: INTRODUCTION- The collapses world over shook the trust and reliability of stock holders on the director’s. Obviously leading to the ......

Duties of a Board
2nd Aug 2019
Introduction: The word ‘Board’ originally referred to the table around which a council sat. It was sometimes used in the 19th century to refer to a meeting ......

Conditional Fee Arrangements For Legal Aid
2nd Aug 2019
Introduction: 'To no one will we sell, to no will we refuse or delay, right or justice' 1. It has long been recognized that 'access to the courts is a ......

Importance of the Domicile
2nd Aug 2019
Introduction: Domicile is that document which is essential or important for all the individuals of this world. The domiciles determine the rights and privileges ......

Islamic Jurisprudence and English Common Law
2nd Aug 2019
Introduction: The legal system of Malaysia is based upon the English common law. However, before the arrival of the British in 1826, classical Islamic law was ......

Fundamental Issue in Corporate Governance
2nd Aug 2019
Introduction: What is the fundamental issue involved in the Corporate Governance of Companies and how it should be addressed? Introduction Corporate Governance ......

Members of a Limited Company
2nd Aug 2019
Introduction: A limited company is an institution created to conduct business where members of a company are protected and are not personally liable neither ......

Power of Trade Marks
2nd Aug 2019
Introduction: ‘Trade marks are often considered to be the most powerful of all intellectual property rights’. Discuss. The main purpose and function ......

Sales of Good Act and UN Convention
2nd Aug 2019
Introduction: This essay looks at the interaction of the UK Sales of Good Act 1979 and the UN Convention on the International Sales of Goods concluded ,......

Promoting the Success of the Company
2nd Aug 2019
Introduction: The Companies Act 2006 s.172 introduced a directorial duty of promoting the success of the company. This new session purports to encapsulate the ......

Letter of Credit and Contract of Sale
2nd Aug 2019
Introduction: A general contract of sale between two individuals signifies a consensus between the two parties as to what duties applies to them which they ......

A Defamatory Statement
2nd Aug 2019
Introduction: While the right to fairly criticize people or entities and publicly share information is one personal freedom, it is illegal to malign the......

Conventions Potentially Harmful to Democracy
2nd Aug 2019
Introduction: In order to establish the potential harm that our democracy may be under, it is first important to assess the implicit nature of the conventions ......

Adequately Protecting the Consumer
2nd Aug 2019
Introduction: Discuss with reference to relevant legislation. In a contract for the sale of goods, section 14 of the sale of goods Act 1979 which is one of the ......

Separation of Powers in the UK
2nd Aug 2019
Introduction: “There is no reason to have problems between country and country, between government and government, when there is a separation ......

Sale of Goods and Consumer Protection Act
2nd Aug 2019
Introduction: With the combination of the Sale of Goods Act 1979, The Consumer Protection Act 1987 and the General Product Safety Regulations 2005, it can be ......

What is a Commitment Letter?
2nd Aug 2019
Introduction: The following essay has been divided into three parts. In the first part an attempt is made to understand what a commitment letter is? Further the ......

Claim Made as an Action
2nd Aug 2019
Introduction: The aim of this report is to explore the concept of an Action in Rem as a procedural principle; with the objective of establishing that a claim......

What is Common Law?
2nd Aug 2019
Introduction: Common law is the legal system used in Great Britain and the United States (except the state of Louisiana). According to common law, judges must ......

Areas Where Judges Make Law
2nd Aug 2019
Introduction: This essay seeks to establish several areas in which judges do make law. Presently a judge’s role is not to make law but to uphold the laws ......

Law of Insurance and Consumer Credit
2nd Aug 2019
Introduction: This essay seeks considers the extent to which the applicable law of Insurance and Consumer Credit identifies the consumer as having a legal ......

UK Commercial Law and International Trade
2nd Aug 2019
Introduction: Through the course of this essay it will be shown that the above statement can be partially supported and disagreed with. On the one hand ......

Impeding Access To The Civil Justice System
2nd Aug 2019
Introduction: In 2008, the Master of the Rolls commissioned Lord Jackson to undertake a review of the costs of civil litigation. A stated objective of the ......

Comparative Study of the UK and US
2nd Aug 2019
Introduction: For my comparative essay of political systems in the contemporary context I have chosen the US republican system and the British constitutional ......

Domicile is the Connecting Factor
2nd Aug 2019
Introduction: There are three different classes of domicile namely, domicile of origin, domicile of choice and domicile of dependence. Every person acquires, by ......

Corporate Personality and Limited Liability
2nd Aug 2019
Introduction: Three leading cases are examined on corporate personality and limited liability. Corporate personality refers to the recognition by the state that ......

Globalisation and Branding
2nd Aug 2019
Introduction: This paper analyses the power of trademarks to attract consumers and how it has led to the evolution of brand-based marketing as a distinct form of economic activity....

Buyer Remedies of a Contract
2nd Aug 2019
Introduction: The general rules of a contract required from either the seller or the buyer is to comply with their obligations. Therefore, the seller ......

English Law And Most Important Legislation
2nd Aug 2019
Introduction: Q1: English law can be divided into four main sources, Case Law also known as Common Law, Legislation or Statute Law, European Union Law and the ......

The Consumer is Finally Adequately Protected
2nd Aug 2019
Introduction: Together, the Sale of Goods Act 1979, The Consumer Protection Act 1987, and the General Product Safety Regulations from 2005, provide protection ......

Mark Spencer Plcs Corporate Governance Case
2nd Aug 2019
Introduction: There are a number of well known business insolvencies which happened without any sign. These collapses affected to all related parties included ......

Trademark Systems in the UK
2nd Aug 2019
Introduction: A registered trade mark system was introduced in the UK by the Trade Marks Act 1875; it is believed that before the act, marks were protected ......

The Government and the Principle of Legality
2nd Aug 2019
Introduction: The requirement that government be conducted according to the law (the principle of legality) is a necessary condition of the rule of law; but ......

Good Faith and Law of Equity
2nd Aug 2019
Introduction: The doctrine of Good faith owes its origin to the law of equity and can be traced to the Court of Chancery’s decision in the case of Carter ......

Code of Civil Procedure
2nd Aug 2019
Introduction: Section 47 refers to one of the most important provisions in Part II of the Code of Civil Procedure which deals with the Execution of decrees. It ......

Importance of Alternative Dispute Resolutions
2nd Aug 2019
Introduction: Lord Woolf was right to stress the importance of alternative dispute resolution obtaining settlement of civil claims, since very few need ever come to court’’ Discuss...

Commercial Agents Regulations in the UK
2nd Aug 2019
Introduction: Background and Rationale The Commercial Agency Regulations 1993 implement an EC Directive which aims to reinforce the legal protection ......

Choice of Law in Contract
2nd Aug 2019
Introduction: The choice of law in contract has emerged from three main factors the first factor is the place where contract is made, the performance ......

Whose Interests Should Board of Directors Promote?
2nd Aug 2019
Introduction: ...the company, as an artificial person, can have no interests separate from the interests of those who are associated with it, whether as shareholders, creditors, employers, suppliers, customers or in some other......

Directors Duties are an Ineffective Means
2nd Aug 2019
Introduction: The modifications to the ratification procedure in s.239 Companies Act 2006 have done little to address the problems associated with director ......

Meaning of the Rule of Law
2nd Aug 2019
Introduction: On highlight of the above abstract this essay will focus and discuss the key points on The Rule of Law. Firstly by explaining the history and the ......

Sale of Goods
2nd Aug 2019
Introduction: L.Q.R. 221 SECTION 12 of the Sale of Goods Act 1979 contains the implied condition relating to the seller's ability to transfer title in the goods to his buyer. This fundamental obligation does not stipulate that the seller...

Concept of a Sale by Description
2nd Aug 2019
Introduction: In ordinary sense s.13 of the Sale of Goods Act (SGA) 1979 says that where there is contract for goods by description, there is an implied ......

Freedom of Movement of Goods
23rd Jul 2019
Introduction: The applicable legal regime is that of the freedom of movement of goods contained in the EC Treaty under Articles 25 and 90, concerned with taxation....

Country Comparative Directors Duties Analysis
23rd Jul 2019
Introduction: Select at least two and no more than three countries and do a comparative analysis of directors’ duties Introduction The aim of this assignment ......

Companies Liability for Negligent Actions
23rd Jul 2019
Introduction: Critically discuss the following statement: “If companies are legal persons, then they should be held liable for their negligent actions in the ......

Multiculturalism Result of Globalization
23rd Jul 2019
Introduction: An increase in multiculturalism as a result of globalization has led to the demand for alternative dispute resolution that would permit parties...

Health and Safety on Construction Sites
23rd Jul 2019
Introduction: 25 (1) Every contractor carrying out construction work shall comply with the requirements of regulations 26 to 44 insofar as they affect him ......

Domicile in Common Law Systems
23rd Jul 2019
Introduction: Domicile is the connecting factor traditionally used in common law systems. It has typically been a tricky concept to define but domicile ......

Reynolds v Times Newspapers Ltd
23rd Jul 2019
Introduction: Prior to Reynolds, the leading authority on qualified privilege for the media was Blackshaw v Lord ....

Legal Treatment of Commercial Transaction
23rd Jul 2019
Introduction: Commercial law is the breach of law which is concerned with rights and duties arising from the supply of goods and services in the way of trade....

The Powerful Right of Trademarks
23rd Jul 2019
Introduction: Introduction A trade mark is a way for one party to distinguish themselves from another. In business, a trade mark provides a product ......

The Arbitral Tribunal and their Powers
23rd Jul 2019
Introduction: I will hereby write a report to advise the arbitral tribunal of their powers regarding this case. The clause mentions the word ‘arbitration ......

UK Constitution and a Separation of Powers
23rd Jul 2019
Introduction: 'The accumulation of all powers in the same hands … [is] the very definition of tyranny' (Madison) The protection of individual liberties ......

Corporate Liability of a Company
23rd Jul 2019
Introduction: This essay is written on the area of company law, specifically concerning the corporate nature of a company, which allows it to have its own legal personality ......

Disqualification of Arbitrators
23rd Jul 2019
Introduction: What are the tests applied by the English Courts for the disqualification of arbitrators for lack of independence and impartiality? Compare with other legal systems and assess whether these are in harmony...

Arbitration and Expert Determination
23rd Jul 2019
Introduction: The dividing line between arbitration and expert determination is often blurred and requires clarification by the courts - Critically discuss this statement:...

Right to Exclusive Possession
23rd Jul 2019
Introduction: In the 1980s Charlotte leased the strip of land adjacent to her beach hut from Brightsea Council. This meant that she was given permission to enter......

Cohabitees Entitlement Rights
23rd Jul 2019
Introduction: While the distinction between the rights of spouses, civil partnerships and cohabitants was once defended by reference to social attitudes, cohabitation has gradually become accepted by society, sparking calls for reform....

Medical Law and Duty of Care
23rd Jul 2019
Introduction: Each High Court division has two courts: an Ordinary Court and an Appellate Court. In the ordinary courts only one judge hears a case whereas the appellate courts ......

Family and Welfare Law
23rd Jul 2019
Introduction: It is hard to see why adults should not be free to contract at the point of marriage for the financial consequences of any divorce, subject to inbuilt fairness tests....

International Financial Crime
23rd Jul 2019
Introduction: The Suspicious Activity Report (SAR) is a piece of information which alerts the relevant authorities of any suspicious customer activity ....

An Agency Perspective of UK Company Law
23rd Jul 2019
Introduction: The UK model of the corporation is essentially an agency between the shareholders (principals) and the executives (agents). Correspondently, the ......

Type of Business Structure
23rd Jul 2019
Introduction: First of all, there are four types of business structures to be considered when starting a T-shirts manufacture business including ......

Employers and Business Interests
23rd Jul 2019
Introduction: Employers are often concerned to protect their business interests when an employee leaves to work for a competitor. ‘The law will protect the employer if necessary by implication of a term of fidelity in the contract of employment...

Doctrine of Parliamentary Sovereignty in UK
23rd Jul 2019
Introduction: The doctrine of Parliamentary Sovereignty is a principle of the UK constitution and has been for some 300 years. The doctrine effectively means ......

Indemnity In IP Contracts
23rd Jul 2019
Introduction: This article throws light into Intellectual Property indemnification which is currently receiving global attention due to its widening practice ......

Institutions For Money Management
23rd Jul 2019
Introduction: Money needs brain and expertise to manage, it cannot manage itself. Individuals cannot raise huge funds nor can they store huge funds in their ......

Statutory Definition of Promoter
23rd Jul 2019
Introduction: Promoter No statutory definition of promoter is given in English company law; however definition is given in case law. “The term ......

Goals of Arbitration
23rd Jul 2019
Introduction: The Goals Of Arbitration As A Means Of Dispute Resolution And Application Of Public Policy...

Civil Justice System Provides a Platform
23rd Jul 2019
Introduction: Civil justice system provides a platform for litigation between two private parties or organisations to be resource. Litigation arises following disputed in contracts, marriage, divorce, custody, probate, real estate or torts....

Psysical Injury
23rd Jul 2019
Introduction: It is well established that physical injury can give rise to a claim in tort, but what about psychiatric injury? The courts found it difficult to accept that psychiatric injury could constitute a head damage for which the tort of negligence...

Case Law in England and Wales
23rd Jul 2019
Introduction: The case law in England and Wales on the nature and degree of harm for which the consent of “the victim” provides a defence to charges under the Offences Against the Person Act 1861,...

Duty to Avoid a Conflict of Interests
23rd Jul 2019
Introduction: The issues are whether Sealy has breached the duty to avoid a conflict of interests and the duty not to accept benefits from a third party ......

Structure of the Human Rights Act
23rd Jul 2019
Introduction: The Human Rights Act 1998 (HRA) is an outstanding piece of legislation in the last decade and therefore needs no further introduction. It always ......

International Banking Law and Sebb Co
23rd Jul 2019
Introduction: Commitment Letter: A Commitment letter, Letter of Intent, Heads of Terms or Memoranda of Understanding are terms often used interchangeably ......

Different Types of Business Agreement
23rd Jul 2019
Introduction: A contract is defined as an agreement which legally binds the parties (BPP Professional Education, 2004). However there are many types of contract between two businesses such as unilateral, bilateral, specialty, simple and standard form contract (Doti Chee, 2009)....

Pre-action Protocol
23rd Jul 2019
Introduction: This essay will describe and explain the main objectives of the Civil Procedure Rules...

The Law of Defamation
23rd Jul 2019
Introduction: Task 1: The first task will firstly identify the law of defamation and then proceed to apply the law to the given facts of Medusa plc. The law ......

Protecting the Interest of Minority Shareholders
23rd Jul 2019
Introduction: In the day-to-day working of a company, certain decisions need to be taken regarding the management of the company and these decisions are generally taken by the majority members. In this process of decision-making, there may arise certain occasions wherein the interests of the majority shareholders may come in conflict with that of the minority shareholders. In such a case, if the decisions ......

Many Influences on Parliament
23rd Jul 2019
Introduction: The influences on parliament can be many; here are some of the influences; The government of the day will have had a party manifesto. This ......

The Protection of Copyright Owners
23rd Jul 2019
Introduction: The fair dealing defences may not be entirely satisfactory in view of the various justifications for copyright, but it is not a problem since ......

Financial Support for Child
23rd Jul 2019
Introduction: As an example, the Applicant as a surviving spouse might need to pay for the children’s living expenses, their basic needs and health care......

Lifting the Corporate Veil
23rd Jul 2019
Introduction: Section 1: An Overview of Corporate Veil Principles The separate corporate personality. A corporation is an artificial legal person that exists ......

Directors Duties from View of Agency Law
23rd Jul 2019
Introduction: INTRODUCTION: The crux of this question mainly lies on the assessment of the director’s duties as an agent from the view of the agency law ......

Practical Achievement of Pari Passu Principle
23rd Jul 2019
Introduction: This paper critically appraises to what extent pari passu principle is achieved in practice. Pari passu means 'proportionally; at an equal pace' ......

Concept of Parliamentary Supremacy
23rd Jul 2019
Introduction: A.V Dicey, in his book An Introduction to the Study of the Law of the Constitution (1885), put forward his concept of Parliamentary supremacy ......

False Advertising
23rd Jul 2019
Introduction: In general, the issues revolve around consumer law, and in some cases there is false advertising going on, possible aggressive commercial practices....

Interests of Stakeholders
23rd Jul 2019
Introduction: Are the Interests of Stakeholders Adequately Protected in the UK or Are Further Reforms Needed?...

Carriage of Goods Internationally
23rd Jul 2019
Introduction: Ontario Company is a multinational corporation organized under the laws of Ontario, Canada, with its principal place of business in Toronto, ......

Theoretical Justification
23rd Jul 2019
Introduction: The origin of, and theoretical justification for, the doctrine of the undisclosed principal has been the subject of much discussion by academic writers. It seems to be generally accepted that, while the development...

Derivative Claims by Members of a Company
23rd Jul 2019
Introduction: “Although a reasonable body of case law under Part 11 of the Companies Act 2006 is building up, there do not appear to be any grounds for ......

Charges for Negligence of Directors
23rd Jul 2019
Introduction: Tiger Ltd has five share holders whose names are Lily, John, Anne, Bill, and Carol. The two directors of the company are Lily and John. Each one ......

Defining the Agency Relationship
23rd Jul 2019
Introduction: Defining agency is a difficult task one of which an attempt is never all encompassing, however this work will try to define one. Agency is ......

Equity Came Not to Destroy Law
23rd Jul 2019
Introduction: Equity is a set of rules that exists alongside the common law and is applied where the normal form of dispute resolution, namely damages (monetary compensation), would not be sufficient,...

Sale of Goods and Agency
23rd Jul 2019
Introduction: The linkage between passing of property and the ascertainment of the contractual goods as required by section 16 of the Sale of Goods Act 1979 (as ......

Litigation Arbitration Law
23rd Jul 2019
Introduction: Classically, the litigation case is seen as the definitive model of the law in action. Party X suspects that party Y has violated the terms of their commercial agreement....

Dual Role of Company
23rd Jul 2019
Introduction: Introduction A company incorporated under the Companies Act has a dual role in nature firstly being an association of its members and secondly ......

A Doctor is Not Guilty of Negligence
23rd Jul 2019
Introduction: “The omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human ......

An Interlocutory Appeal
23rd Jul 2019
Introduction: An interlocutory appeal is basically where a judge over rules a trial that the judge had made before the actual trial in which the judge concludes ......

Death Due to a Drugs Overdose
23rd Jul 2019
Introduction: Death due to a drugs overdose has several preceding conditions but the two rival circumstances would be the supply of drugs by a dealer and the voluntary act of the deceased to consume the drugs, they are both events but for which the person would not be dead....

Euthanasia is a Contentious Area
23rd Jul 2019
Introduction: Euthanasia is a contentious area and the debate is ceaseless, however it was recently highlighted by the success of Debbie Purdy in the House of Lords which has resulted in the Director of Public Prosecutions...

Land Building Law
23rd Jul 2019
Introduction: Land Building Law. Does Common Law allow the benefit of a covenant to be passed to a purchaser of land ? Can either the burden or benefit of a covenant be passed in equity and, if so, give details of how this might happen....

Significant and Increasing Proportion of Couples
23rd Jul 2019
Introduction: The issues that are facing the courts today are the significant and increasing proportion of couples and family members that are co-habitating outside of the traditional framework of a society long ago....

Three Way Mutual Exchange in Tenancy
23rd Jul 2019
Introduction: You have been asked to advice these clients about the legal implications involved in mutual exchanges, consider fully the statutory rights and obligations....

Gillick Competence
23rd Jul 2019
Introduction: Gillick Competence. When referring to the phrase Gillick competence, commentators are normally discussing the ability of a minor to make his or her own choices and have such choices upheld by the law....

English Conflict of Laws in Relation to Issues of Jurisdiction
23rd Jul 2019
Introduction: Making use of relevant case law (where available) explain and discuss how, and to what extent, the old Brussels Convention and the new Council regulation 44/2001 have affected and altered traditional rules of English Conflict of Laws in relation......

Insurance Law
23rd Jul 2019
Introduction: The Law Commission has published various issues papers and consultation papers on insurance law in recent years. Select two issues that the Commission has examined and discuss and compare the different approaches...

Immigration and Asylum Law
23rd Jul 2019
Introduction: Even where the appellant is unlikely to re-offend, the judicial authorities may be prepared to uphold a deportation on the basis that it may serve as an example and deter others....

Length of a Marriage
23rd Jul 2019
Introduction: In the UK, people tend to cohabit more and marry at an older age; cohabitation tends to lead to divorce at the end of the day, so after......

Property Land Seller
23rd Jul 2019
Introduction: Property Land Seller. Disputes of title for immovable property arise comparatively rarely due to the static nature of land as well as the land title being recorded in documentary form....

Marriages of Convenience
23rd Jul 2019
Introduction: Marriages of Convenience - Immigration Essays - Use Our Free Law Essays To Help You With Your Law Course...

Courts and Rational Set of Rules
23rd Jul 2019
Introduction: Courts are required to apply a rational set of rules in order to determine whether a trust has been validly created or not. So it is almost settled law that an express trust should be consist of the following characteristics...

Corporate Law and Governance
23rd Jul 2019
Introduction: Limited liability can be seen as being a distinguishing aspect of corporate law. It is the concept where shareholders financial liabilities are limited to the amount they invested into the company and they are not liable for any debts that are incurred by the company...

Law for Health & Safety Practitioners
23rd Jul 2019
Introduction: UK health and safety laws have been established over the last 200 years. Initial statutes relating to specific industries and practices have over ......

The Bolam Test in Clinical Negligence
23rd Jul 2019
Introduction: While the courts are determined to see the Bolam principle is not extended, they still have a reluctance to abandon it in respect of medical opinion....

Ethical Dilemmas in Inform Consent
22nd Jul 2019
Introduction: This essay is an in dept exploration of issues affecting nursing practice analysing both the ethical and legal perspectives including ethical ......

Parental Responsibility
22nd Jul 2019
Introduction: Parental responsibility is a key principle and key concept in child law. It permeates the Children Act . This Act provides the statutory framework...

A Brief History Lesson in Nervous Shock
22nd Jul 2019
Introduction: Nervous shock was as eligible form of injury as much as in the early 1900s recognized. Only recently, however, receive this type ......

The Aim of Any System of Registered Land
22nd Jul 2019
Introduction: Consequently overriding interests are those interests which are not on the register yet bind any person who comes into ownership of the land. These......

Family Behaviour and Divorce Rates
22nd Jul 2019
Introduction: Introduction The emergence of no-fault divorce in Western civilisation has often been attacked for “transform[ing] marriage into an arrangement......

Medical Law with Tort
22nd Jul 2019
Introduction: Q1. Does the law enforce a person’s inalienable right to self autonomy including the disposal and exploitation of their own body ?...

Domestic Violence
22nd Jul 2019
Introduction: Domestic Violence. Mullender (1996) contends that domestic violence is a problematic term because it does not cover everything that occurs in a domestic situation and it assumes that the people concerned live together....

Insolvancy Law Essays
22nd Jul 2019
Introduction: Insolvancy Law Essays - Use Our Free Law Essays To Help You With Your Law Course...

Limiting the Usage on a Property: Land Law
22nd Jul 2019
Introduction: All four may have rights that could have been registered but may be found to have an overriding interest under the Land Registration Act 2002....

Law of Property
22nd Jul 2019
Introduction: Land for sale is generally classified as Brownfield (developed land) or Greenfield (undeveloped land such as parks or fields). The development of Brownfield land is actively supported by government�s policy while Greenfield development is discouraged....

Role of Conventions in UK
22nd Jul 2019
Introduction: Conventions play an important role in the operation of the UK constitution, yet there is still uncertainty surrounding their definition, implications and scope....

Police and Criminal Evidence Act
22nd Jul 2019
Introduction: Police and Criminal Evidence Act Essays - Use Our Free Law Essays To Help You With Your Law Course...

Law Does Not Recognise Same Sex Marriage
22nd Jul 2019
Introduction: The belief that marriage is solely a heterosexual institution, the fact that civil partnerships are available to same sex couples and the belief that the traditional family must be protected...

A System of Land Law
22nd Jul 2019
Introduction: A system of land law has developed over many centuries, over which there has been significant reforms to the law. William the Conqueror established a feudal system in which he claimed,...

Hart's Theory
22nd Jul 2019
Introduction: This essay will outline all the ways in which Hartand Dworkin would reconcile the decision in Chester v Afshar with their theories, simultaneously offering a critique of both the theories....

Divorce & Adultery
22nd Jul 2019
Introduction: Divorce & Adultery free essay. Annie and Khalim met whilst Annie was on holiday in Marmaris (Turkey) in 1996. Khalim worked as a hotel receptionist. In 1997, following much correspondence and many telephone calls. Annie returned to Turkey, and Khalim asked her to marry him. They were married the next week at Khalim's father's house....

Informal Corporate Rescue Mechanism
22nd Jul 2019
Introduction: Modern corporate and banking practices around the world have, over the years, adopted various measures to deal with distressed companies and distressed debts/loans....

European Convention on Human Rights Legislation
22nd Jul 2019
Introduction: The Human Rights Act 1998 was the incorporation of the European Convention on Human Rights into UK domestic law and it has had a substantial impact on the legal system which shall be discussed below....

Rescue Culture Under Insolvency Law
22nd Jul 2019
Introduction: The previous insolvency regime did not provide enough transparency and accountability to the range of stakeholders, especially to creditors....

Rules of Interpretation Required by Courts
22nd Jul 2019
Introduction: Both drafting and interpreting the law are complex and challenging tasks. The Renton Committee criticised the fact that ‘drafters of legislation tended to adopt a stylised archaic legalism in their language and employed...

Fathers' Parental Role
18th Jul 2019
Introduction: Fathers' Parental Role - Family Law Essay. The first issue that must be considered before any other is the issue of proving that Dan is in fact the father of Annie. The court has a discretion to direct blood testing under the Family Law Reform Act 1969 section 20...

The Doctrine of Adverse Possession
18th Jul 2019
Introduction: In the past, estate owners had to be vigilant as regards the land that they owned but did not use it for themselves. When someone possessed his......

The Gender Recognition Act
18th Jul 2019
Introduction: The Gender Recognition Act 2004 The ability of a person to live as their desired sex, regardless of surgery, is a right now conferred by the Gender......

Prerogative Powers Remain an Important
18th Jul 2019
Introduction: Prerogative Powers Remain An Important Element Of The United Kingdoms Constitution. Should They Be Subject To Greater Parliamentary And Judicial Scrutiny?...

R (Abbasi) v Foreign Secretary
18th Jul 2019
Introduction: The first claimant was a British national who had been captured by United States forces in Afghanistan and detained in Guantanamo......

Necessity Law | Criminal Law Cases | Law Teacher
18th Jul 2019
Introduction: Necessity Law. Necessity law arises where a defendant is forced by circumstances to transgress the criminal law. The generally accepted position is that necessity cannot be a defence to a criminal charge. The leading case is......

Mansfield v Weetabix - 1998
18th Jul 2019
Introduction: D appealed against a judgment holding them liable in negligence following an incident in which a lorry belonging to D, and driven by one of their......

McFarlane v EE Caledonia Ltd
18th Jul 2019
Introduction: The claimant (C) was on board a vessel which was called upon to attend to the serious fire that had broken out on the oil rig......

Family Law and Neglect
18th Jul 2019
Introduction: Family Law and Neglect. Law governing domestic relations always treads a very careful line between protecting the rights of privacy of people living in a liberal state and the need to protect and regulate certain relationships that are open to extreme abuse....

A Medical Negligence Problem Question
18th Jul 2019
Introduction: It may be that the hospital has been negligent in administering treatment to Bea. The doctors owe a high duty of care to the patient....

Separate Legal Personality of the Company
18th Jul 2019
Introduction: CHAPTER 2 The ‘Salomon’ Principle Incorporation by registration was introduced in 1844 and the doctrine of Limited liability followed ......

Alteration of Memorandum of Association
18th Jul 2019
Introduction: INTRODUCTION One of the first steps in the formation of a company is to prepare a document called the memorandum of association (hereinafter ......

The Articles of Association
18th Jul 2019
Introduction: What are the articles of Association? The Articles of Association can be seen as a rule book within a company. This is in a document form and ......

Easements and Profits
18th Jul 2019
Introduction: The law of prescriptive acquisition may be criticized, both as a matter of principle and on grounds of complexity. Is it really necessary to hav...

Abandoned Property and the Rights of Finders
18th Jul 2019
Introduction: Introduction It is often recognised that “questions concerning the ownership of lost property are among the most difficult and contested in all......

Family Proceedings Rule
18th Jul 2019
Introduction: In divorce proceedings the courts have a range of financial orders open to them to grant to spouses under the MCA 1973....

UK Law on Money Laundering
18th Jul 2019
Introduction: The JMLSG classify money laundering as the procedure whereby criminals try to hide and disguise the correct source and ownership of the proceeds ......

Company Directors in the UK and Australia
18th Jul 2019
Introduction: ‘There are no qualifications for being a company director. Even directors of listed companies do not have to take any examinations ......

Civil Partnership Act
18th Jul 2019
Introduction: Hoskyn v Metropolitan Police Commissioner was the first significant step towards the PACE. This case concerned a marriage two days before the trial...

The Image of a Woman Judge
18th Jul 2019
Introduction: On the issue of whether we should want more women judges I agree with Baroness Hale’s opinion, presented in her paper: ‘Equality and the Judiciary: Why Should We Want More Women Judges?...