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Question: ENGLISH LEGAL SYSTEM
ASSIGNMENT 1
Role
You are employed as a trainee solicitor with Singh & Co who specialise in criminal
work and also civil work.
Scenario 1
David has been arrested by two police officers, Smith and Jones, as he was running
out of a house belonging to Mrs Kitchener, a rich old lady. He had just burgled the
house. (The crime of burglary is an arrestable offence.) When they arrested him,
the officers told him that he had no right to remain silent.
The officers took him down to the police station for questioning. On their arrival,
David asks the custody officer if he can call his brother to tell him what has
happened. The custody officer refuses to allow him to make the call and David is not
allowed to see a solicitor.
The investigating officer, Sergeant Bruce, starts to question David about the incident
without taking any record of the interview. After leaving the station, PCs Smith and
Jones go round to Mrs Kitchener's house to search for evidence without a
warrant. They think that they might find David's fingerprints on the door and
window.
David is charged with burglary.

Taskl
Referring to the Police and Criminal Evidence Act 1984 in your answer, prepare a
report advising David on all the points below:
a. were the officers right to arrest him without a warrant ?
b. does David have a right to remain silent ?
c. what might happen in his trial if he did remain silent ?
d. was the custody officer right not to allow David to make a phone call ?
e. was the custody officer right to refuse to allow David to see a
solicitor ?
f. was Sergeant Bruce right not to tape record the interview with David ?
g. were the officers right to search Mrs Kitchener's house without a
warrant ?
h. in which court might David's trial be held ? Describe the appeal route open
to David if he is unhappy with the outcome of the trial.
Scenario 2
Mr Sands has been approached by another client, Julia Jones, who recently sustained
whiplash injuries during a car accident. Miss Jones wishes to make a claim through
the civil courts. However, before Mr Sands proceeds with giving Miss Jones any
advice, he has asked you to prepare a report outlining the main changes made by the
Woolf reforms. He also tells you that there are two conflicting cases which will
affect Miss Jones' legal position. One is a case decided in the High Court in 1981,
and the other was a Court of Appeal case in 1995.

Task2
Write a report discussing the main changes made by the Woolf reforms of the civil
court system and what difference they have made to people using the civil courts.
Mr Sands also asks you to name the source of law which comes from decided cases,
and give your opinion (with reasons) on which of the two cases will be followed by
the court in Miss Jones' case.

Answer: TASK 1 Introduction: Below I have compiled a report outlining my findings that will assist David on his current circumstance referring to...


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  • Subject: Law
  • Course: English Legal System
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 78%
  • Words: 1938
  • Date submitted: April 18, 2009
  • Date written: February, 2008
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1453

Question: CONTRACT LAW CASE STUDY 2, ASSIGNMENT 2, TASK ONE

Barry is a retired lorry driver who has just set up his own distribution service called
'Deliveries R Us'. Pencilbox PLC, his first customers, want to use Barry's service to
deliver stationery to some of their retail outlets. They reached an agreement and a
contract was signed whereby Barry would deliver 'a minimum of 3000 boxes of
stationery for Pencilbox over the next 12 months. ' The contract was to commence on the
1st April. No maximum figure was specified in the contracts and a delivery charge of
£1.00 per box was laid down by Barry.

Barry expected to deliver a higher amount than the minimum specified and so decided to
take out a bank loan in order to upgrade his existing fleet of lorries.

However six months later, Pencilbox pic wanted to renegotiate the delivery charge
threatening immediate withdrawal unless the charge was reduced to 50p per box. They
also told him that they wanted him to enter a three year contract with 'Gadgets Ltd' a
subsidiary of Pencilbox pic or they would terminate their business arrangement with his
distribution service.

Barry has found that his distribution service hasn't been as busy as he believed it would
be and so agreed to the new arrangements as he didn't want to lose their custom even
though he was aware he would be making a loss on the contract with Gadgets Ltd.

Barry has asked for your advice. You are a junior partner of Patel and Brown
Solicitors and have been asked by your senior to write a report on whether he
can claim the lost monies for every delivery he made on the grounds that the
modification made to the contract was due to improper pressure.

TASK TWO
You have been asked to write a letter to the following client, Julia.
Julia, a partially sighted invalid, jointly owns a home with her husband Charles. The
family home has been mortgaged to Braddale Building Society.

Over the last year, Charles has been experiencing great losses in his business and has
failed to meet a number of mortgage repayments. Due to this the building society has
started proceedings against the couple. As they don't want to lose possession of the
house, Charles and Julia have approached their bank, Rochford Bank Pic and hope to
refinance the mortgage. The loans manager, Mr Credit, arrived at their home with
important documents and papers regarding the loan.

Julia was not happy with this and told Mr. Credit that her husband's business wasn't
doing well and that she strongly believed it would carry on making a loss and in view of
this she was not going to sign any documentation that covered Charles' business
liability.

Mr. Credit assured her that the papers didn't cover any business liability and that if she
didn't sign there would be danger that she would lose her home. He was so persistent
that she signed.

Julia hesitantly asked for the documents to be fully explained to her again as she was
unable to read the documentation because of her disability. Having heard the
explanation she reluctantly signed the papers.

Julia has now discovered that the documents not only cover a mortgage relating to
the house but also cover Charles' business debts.

Julia is very worried as the bank is insisting on enforcing the agreement. Your letter of
advice should cover the following.

1. Discuss grounds on which Julia might avoid the contract and whether
any remedies are available.
2. Would the situation be different had Julia taken independent advice
and then entered the agreement.

TASK THREE
Catherine is employed as an accountant at 'Cash and Co.' and based in a firm in
Bradford. She has worked there as an employee for 6 years and her original contract of
employment prevents her from working as an accountant within 60 miles of Bradford if
and when she left the firm. After a successful interview, she has received a lucrative
offer from a firm of accountants in Leeds where she would be employed in a higher
position. She resigns and commences her new employment. 'Cash and Co.' have sent her
a letter stating that are going to take matters further as she has breached her contract of
employment.

You have been asked to write a memorandum to Catherine to outline her position
regards her previous employment contract.

Answer: TASK 1 Regarding: Duress Introduction: Below I have written a report concerning Barry on his current circumstances. Findings: Duress For a contract...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 78%
  • Words: 4749
  • Date submitted: April 18, 2009
  • Date written: March, 2007
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1448

Question: LAND LAW ASSIGNMENT
Mr. Walsh & Miss. Kirby are co-habitees and have now decided to establish a business together running a fish and chip shop. Both have children from previous relationships and Mr. Walsh has just sold his property in which he had lived with his former wife. He has been awarded half of the proceeds as part of his divorce settlement. Mr. Walsh has made an appointment for some advice as to how they should finance the venture and the methods by which they could co-own the property. Equally they would like some information regarding freeholds and leaseholds.
Mrs. Walters has requested that you research the relevant issues and provide him with a report outlining your results. In particular it should deal with freehold, leasehold, joint tenancies and tenancies in common. The clients should be provided with some clear advice.

Answer: The term co-ownership refers to two or more people owning land at the same time. Also whenever, the land is co-owned there...


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  • Subject: Law
  • Course: Land Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 77%
  • Words: 1456
  • Date submitted: April 18, 2009
  • Date written: April, 2008
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1455

Question: CASE STUDY: You are employed as company secretary by Bloxo Ltd. a company based in Leeds which manufactures shoes and clothing. The company\'s share capital is £1000.00 divided in £10.00 shares, 90 of which are owned by the founder of the company, Barry, and 10 of which by Tariq. Both are directors of the company.

Barry has asked you to advise him on the points set out below. A detailed explanation and application of the relevant legal principles and cases should be provided where appropriate.

(1) The company has a certificate of incorporation dated 1 January 2004. The Registrar of Companies did not, it seems, sign the certificate on that date, but on 28 December 2003. )n 29 December 2003 Barry bought some goods in the name of the company. the bill has still not been paid. Consider the question of liability.

(2) The company has a subsidiary Brian & Co. Ltd. this subsidiary has the same share holders as Bloxo Ltd. Barry is also the sole director of Brian & Co. Ltd. Brian & Co. Ltd. does not carry on any business, but owns the premises from which Bloxo Ltd. operates. The premises were recently compulsory purchased by the local council and Bloxo Ltd. is having to find new premises. Consider the question of whether Bloxo Ltd. may claim compensation for loss of business from the council. (The council are refusing to make a payment as Bloxo Ltd. does not own the premises - a condition for receipt of compensation is that you must own or lease the premises from which you operate).

(3) Advise Barry on any legal principles or rules which he must bear in mind if he were to convert Bloxo Ltd into a public company. (4) Bloxo Ltd. owned £500.00 by a partnership called Todds Ltd. the money is owed in respect of goods supplied to that firm. the firm has 2 partners, Alan and Saima. Advise Barry on the legal status of a partnership in comparison with a Company, and who may be sued for the debt.

Answer: First of all one needed to establish whether Bloxo Ltd. existed on the 1st January 2004 as it is on the certificate...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 77%
  • Words: 3428
  • Date submitted: April 18, 2009
  • Date written: April, 2007
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1441

Question: CASE STUDY 1: You have been newly appointed as a legal advisor in a firm of accountants. Mr. Atkinson, the senior member of the firm has asked for your assistance. He has asked you to write a report for one of his client, Mr. Conway who is uncertain as to some issues regarding the law of agency.

You report should attempt to address the following issues and should be illustrated with relevant examples of case law.

(1a) Explain the relationship between the parties involved in an agency.
(1b) Identify the types of authority an agent may possess.
(1c) The basis and importance of agency of necessity.

CASE STUDY 2: Andrew, Barry and Catherine are going into partnership as designers. However as they are entering into a partnership agreement for the first, there are a number of issues that need clarifying and have thus asked for some guidance. You are a legal assistant and have been approached by your employer to write a letter, illustrated with case law, informing them of their legal position with regards the following queries.

(2a) Changing the type of business carried on by the firm.
(2b) Borrowing money on behalf of the firm without notifying the other partners.
(2c) The position where one of the partners wants to introduce a new partner.
(2d) The extent of liability if one of the partners decides to retire from the firm.
(2e) Dissolving the firm.

Answer: (1a) Agency is the relationship between an agent, his principle and the business that is carried out by an agent. An agent...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 77%
  • Words: 2904
  • Date submitted: April 18, 2009
  • Date written: February, 2007
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1440

Question: LLB Company Law, 4th year

"Only shareholders can seek to enforce rights stemming from the Articles of Association”.

Discuss in the light of the relevant case law.

Answer: According to the statement, only shareholders, who under English company law, are considered as the exclusive members of the company are capable...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 76%
  • Words: 1386
  • Date submitted: March 31, 2014
  • Date written: November, 2013
  • References: Yes
  • Document type: Essay*
  • Essay ID: 5548

Question: What is a lease?

Answer: By virtue of s 1 of the Law of Property Act 1925, a term of years absolute in possession is one of...


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  • Subject: Law
  • Course: Land Law
  • Level: Degree
  • Year: 1st
  • Mark: 76%
  • Words: 1764
  • Date submitted: June 27, 2009
  • Date written: February, 2009
  • References: No
  • Document type: Essay*
  • Essay ID: 2324

Question: In what circumstances will terms, other than those expressed in a written document, form part of a contract?

1st Year LLB Contract Law Mark 75/100.

Answer: Within contract law a term is the subject matter of the contract. Terms are generally categorised into express and implied terms. Terms...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: 75%
  • Words: 1236
  • Date submitted: January 22, 2016
  • Date written: November, 2015
  • References: No
  • Document type: Essay*
  • Essay ID: 7076

Question: The common law system of precedent gives far too much discretion to judges who use it to make law.

Do people agree with this statement?

Explain answer with reference to case law and academic commentary.

Answer: Doctrine associated with Precedent Judicial precedent concerns themselves with all the have an effect on and also importance associated with past options...


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  • Subject: Law
  • Course: Common Law
  • Level: Degree
  • Year: 1st
  • Mark: 75%
  • Words: 1462
  • Date submitted: May 05, 2015
  • Date written: February, 2014
  • References: Yes
  • Document type: Essay*
  • Essay ID: 6524

Question: (LLB Contract Law 1st Year 75%)

To what extent does the law provide sufficient protection for those who enter into a contract with a person who, through age, mental illness or intoxication, may be said to lack the capacity to make a binding agreement?

Answer: This essay addresses the issue of capacity as one factor that must be present for a binding agreement to be made. Here...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: 75%
  • Words: 1590
  • Date submitted: October 17, 2010
  • Date written: January, 2010
  • References: No
  • Document type: Essay*
  • Essay ID: 3354

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