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Question: THE LAW OF TORTS - It is often claimed that the fear of malpractice litigation leads to defensive medicine. Although this is a common complaint, it is not quite clear what defensive medicine actually is. Fear of litigation can lead to some good practices: better record keeping, politeness in dealing with patients, clearer communication, and double checking. On the other hand there is concern that doctors are over-cautious. - What do you think? Answer the question referring to the development of tort law in the area of medical negligence.

Answer: In Tort law a patient may be entitled to redress if they have been injured by a Health Care professional as a...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 2001
  • Date submitted: February 19, 2010
  • Date written: January, 2009
  • References: Yes
  • Document type: Essay*
  • Essay ID: 2536

Question: To what extent do you think that the law of defamation represents an un- warranted restriction on freedom of speech, particularly in the area of political comment?

Answer: In seeking to assess whether or not the law of defamation represents an un- warranted restriction on freedom of speech, it is...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 2277
  • Date submitted: October 22, 2009
  • Date written: May, 2009
  • References: No
  • Document type: Essay*
  • Essay ID: 2400

Question: ‘Although many manufacturers feared the introduction of the Consumer Protection Act 1987, they are in a no worse position since the Act than before.’ Critically discuss the above statement, paying particular attention to recent case law.

Answer: Part 1 of the Consumer Protection Act 1987 was introduced into English law to implement the EC Directive 85/754/EEC relating to product...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 1911
  • Date submitted: May 14, 2009
  • Date written: March, 2009
  • References: No
  • Document type: Essay*
  • Essay ID: 2396

Question: ‘Two causes may both be necessary preconditions of a particular result . . . yet the one may, if the facts justify that conclusion, be treated as the real, substantial, direct or effective cause and the other dismissed . . . and ignored for the purposes of legal liability…’ Does this statement accurately reflect the law and, if so, does it allow a judge to choose any previous act as the real cause of the claimant’s damage?

Answer: The ‘but for’ test is often employed by the courts in deciding whether a particular act was the cause of a claimant’s...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 1658
  • Date submitted: February 18, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 2394

Question: ‘Street v Mountford creates a rule that the acid test for the existence of a tenancy is the presence of a grant of exclusive possession for a definite period of time, possibly but not necessarily involving rent.’ Discuss.

Answer: A lease is properly regarded as a proprietary right, an interest in land capable of binding third parties. Moreover, despite some suggestions...


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  • Subject: Law
  • Course: Land Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 1691
  • Date submitted: March 27, 2009
  • Date written: December, 2008
  • References: No
  • Document type: Essay*
  • Essay ID: 2319

Question: Are there an significant differences between the creation and the operation of legal as opposed to equitable, leases and what are the effects of any such differences?

Answer: Under s 52 of the Law of Property Act 1925, all legal leases except those which are exempt under s 52(2) must...


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  • Subject: Law
  • Course: Land Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 2033
  • Date submitted: April 27, 2009
  • Date written: February, 2009
  • References: No
  • Document type: Essay*
  • Essay ID: 2318

Question: It is clear that any civilised system of law is bound to provide remedies for what has been called unjust enrichment, or unjust benefit, that is, to prevent a man from retaining the money of, or some benefit derived from, another which it is against his conscience he should keep.' (Lord Wright in Fibrvsa Spolka Akcynja v Fairbairn Lawson Combe Barbour Ltd (1943).)

How does English law attempt to provide such remedies? Does it do so satisfactorily?

Answer: English law has been slow to develop remedies of the kind mentioned by Lord Wright. This is in part because the kinds...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 1658
  • Date submitted: April 27, 2009
  • Date written: February, 1998
  • References: No
  • Document type: Essay*
  • Essay ID: 2308

Question: Discuss and critically evaluate the approach taken by the judiciary to the application of section 6(3)(b) of the HRA 1998 to determine what constitutes a public authority within the meaning of section 6 of the HRA 1998.

Answer: The Human Rights Act 1998 (HRA) came into force on the 2nd October 2000 and its purpose is to give effect to...


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  • Subject: Law
  • Course: Human Rights Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 2507
  • Date submitted: July 18, 2009
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1920

Question: Ruth is a heroin addict and works as a prostitute to pay for her addiction. She has two children, Daniel aged 13, and Ellie aged 2. Ruth has never been married, nor has she ever entered into a parental responsibility agreement with either of the children’s fathers. She does not know who Daniel’s father is. Ellie’s father is also a heroin addict. He has no interest in his daughter................Advise Ruth as to what powers the Local Authority has in terms of protection for the children. Advise as to both the short term and long term options. (You are not required to consider adoption)

Answer: In answering this question, the relevant statute that applies is the Children Act 1989 which deals with the local authorities and their...


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  • Subject: Law
  • Course: Family Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 3996
  • Date submitted: July 07, 2009
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1810

Question: ‘The threefold test itself provides no straightforward answer to the vexed question of whether or not, in a novel situation, a party owes a duty of care…It seems to me that the outcomes (or majority outcomes) of the leading cases cited above are in every or almost every instance sensible and just, irrespective of the test applied to achieve that outcome. This is not to disparage the value of and need for a test of liability in tortuous negligence, which any law of tort must propound if it is not to become a morass of single instances. But it does in my opinion concentrate attention on the detailed circumstances of the particular case and the particular relationship between the parties in the context of their legal and factual situation as a whole.’

Lord Bingham in Customs and Excise Commissioners v Barclays Bank PLC (2006) UKHL 28

Critically evaluate this statement with reference to appropriate legal authorities.

Answer: There is a current debate within the tort of negligence as to which approach should be utilised to establish if a duty...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 2987
  • Date submitted: June 02, 2009
  • Date written: March, 2008
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1727

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