All Categories of Degree Level Law

Question: 1. Discuss the concept of a contract. 2. Explain the objective test and give examples of cases where the principle was particularly relevant.

Answer: Young (1997, pg 1) defines a contract as “an agreement (usually between two people) giving rise to obligations which are enforced or recognised by law” . The Law of Contract in England is derived from common law and dates back as far as the thirteenth and fourteenth centuries. This type of law differs from others in that it does not lay down rules or laws for the content of a contract. Through......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: \'A corporation has been defined as ‘an ingenious device for obtaining individual profit without individual responsibility.’ Ambrose Bierce, The Devil’s Dictionary, 1911. Discuss the extent to which you consider, nearly a century later, that criticism is still applicable to modern companies under present-day laws.

Answer: In order to discuss the extent to which a company can be said to be ‘an ingenious device for obtaining individual profit without individual responsibility’ it is important to note that a company has its own legal personality distinct from that of those who promoted it, incorporated it, run it and invest in it . This appears to be prima facie evidence that due to the fact that a company is, in ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Do companies have complete freedom to act? Analyse the doctrine of ultra vires and the proposed reforms in the Companies Bill designed to grant companies full capacity.

Answer: The doctrine of ultra vires has been fervently debated for many years since its conception in the 19th century, and has caused widespread confusion within the sphere of company law. It will be necessary, in order to construct a thourough and fluidous argument, to outline the history and development of the ultra vires doctrine and why, some would argue, it has become the bane of company law. It wil......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: CASE STUDY. At approximately 1pm on the 3rd March 2006, Mr Morgan was addressing a crowd of about 3,000 people at a public meeting, amongst whom were two hundred young persons, positioned together immediately in front of the speaker\'s platform.......Advise Mr Morgan regarding his potential liability (if any) under the Public Order Act 1986 and also advise whether or not he has committed a breach of the peace. Mr Morgan also wishes you to advise him regarding any action he might have against the police under the Human Rights Act 1998.

Answer: To advise Mr Morgan the following law must be considered, breach of the peace, Public Order Act 1986 and Human Rights Act 1998. Breach of the peace was defined in R v Howell , “there could be no breach of the peace unless an act was done or threatened to be done which actually harmed a person or, in his presence, his property or was likely to cause such harm or which put someone in fear of su......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘The law is in urgent need of clarification on the issue of consent in relation to assault and battery.’ Discuss.

Answer: The lack of statutory regulation on the issue of consent in relation to assault and battery has left it exposed to much criticism. Although it was hoped that the Offences Against the Person Bill would propose a statutory basis for consent, it simply endorsed adherence to the common law . In accordance with common law reasoning, it would be expected that some general principles could be drawn fro......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Group Assessment:Should parent’s be held responsible for the criminal acts of their children to a greater or lesser extent than the law at present commands?

Answer: We can’t cope with the effects of youth crime - 1997 Audit showed that youth crime amounts to 7 million recorded offences per year, costing over £4 billion, and only a quarter being solved by police. The courts deal with only 3% of these offences - i.e. a caution is the most typical form of sanction, as children under 15 cannot be ordered to a Young Offender’s Institution. Only 1 in 18 rece......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Article 8 & Privacy Laws: State Tool of Oppression or The Individuals Key to Liberty?

Answer: In the pursuit of certain public interests, for example in housing and welfare policy, it is inevitable that some aspects of an individuals private life will be determined. This is to be encouraged. However, when personal autonomy is affected by state intervention, self fulfilment is curtailed and an individuals ability to flourish is constricted. The European Convention on Human Rights does no......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Judicial Review is concerned not with the decision but with the decision making process. Explain and evaluate this statement.

Answer: Judicial Review (JR) is a core element of administrative and public law. It is not available for private law disputes. JR is purely a judicial creation that was created by the courts themselves to control the activities of the government or local bodies through the application of flexible principles developed by the court e.g. the principle of reasonableness and fairness through case law. They ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: To what extent has the European Court of Justice become a political organ?

Answer: The European Court of Justice (hereafter ECJ) was established in Article 7 of the Treaty of Paris in 1952. It comprises of fifteen judges, one selected by the Government of each Member State , and eight Advocates General “whose independence is beyond doubt” . Its role is to “ensure...Treaty…law is observed” . Its two main objectives are to promote the uniformity and effectiveness of E......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Consider the view that the royal prerogative is insufficiently controlled by either Parliament or the judiciary.

Answer: The royal prerogative was regarded historically, as the sum total of the rights ascribed to the Monarch as feudal lord paramount over the entire realm. Dicey defines prerogative in a more contemporary sense as the “discretionary authority of the Executive”, explaining that this means everything which the Monarch or her servants can do without the authority of an Act of Parliament. Few preroga......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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