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Question: Consider the special significance of fiduciary conflicts rules to law firms, taking account of recent cases in this area.

Answer: Firms of solicitors hold a close fiduciary relationship with their clients and are thus expected to abide to certain principles. This piece...


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  • Subject: Law
  • Course: Equity and Trust Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 4998
  • Date submitted: April 20, 2009
  • Date written: November, 2007
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1474

Question: Critically examine the legal justification for the current Member States imposing a restriction of movement of citizens of Romania and Bulgaria after their accession to the EU in 2007.

Answer: This latest stage of enlargement, of which it is the fifth the EU has seen, intends to introduce Romania and Bulgaria into...


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  • Subject: Law
  • Course: European Union Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 2492
  • Date submitted: April 20, 2009
  • Date written: March, 2006
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1469

Question: ‘European competition law has failed to deal satisfactorily with the issue of joint dominance under Article 82.’ Discuss.

Answer: Collective dominance “refers to the situation in which two or more firms share the dominant position on the same relevant market” and...


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  • Subject: Law
  • Course: European Union Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 2499
  • Date submitted: April 20, 2009
  • Date written: November, 2008
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1467

Question: The issue of whether “shareholder value” or “the stakeholder perspective” should shape UK company law for the 21st century has now been successfully resolved”. Discuss with reference to the provisions of the Companies Act 2006.

Answer: Shareholder value has traditionally been “assumed to be the ruling conception in Anglo-American corporate governance” . This perspective is broadly concerned with...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 2579
  • Date submitted: April 20, 2009
  • Date written: April, 2008
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1466

Question: CASE STUDY: Khans Ltd. has ten shareholders, all of whom has an equal shareholding. Two shareholders. A Ian and Tariq are the directors of the company.

(1) What is the legal position if the directors enter into a contract for the purchase of a farm. The company's objects cover manufacturing sportswear.

(2) Whether the company's Articles of Associations are legally binding on the company. The Articles state that James Smith will be a director of the company for life. He also had a separate contract as managing director. Last month the members voted to include an Article that said that directors appointed for life could be removed by ordinary resolution. The company then told him that he could no longer be managing director. Advise the directors on the legal position regarding an application to court by Mr. Smith.

(3) The company is considering raising more capital. Advise the directors on the respective advantages and disadvantages of ordinary shares, preference shares, redeemable shares and debentures.

(4) The directors have asked for your advice on the legal position of personal representative on the death of a shareholder. Also, does the company have to put them on the register of shareholders?

Answer: (1) (Regarding: Memorandum of association and objects clause.) For a company to be incorporated it needs a memorandum of association s.1 and...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 4013
  • Date submitted: April 18, 2009
  • Date written: November, 2007
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1442

Question: Most situations where either or both parties enter into a contract on the basis of a mistake of fact can presently be dealt with quite satisfactorily by the remedies for misrepresentation. There are very few situations where the doctrine of mistake has any practical role to play.

Answer: It is certainly true that there are situations where a contract made on the basis of a mistake of fact also involves...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 1618
  • Date submitted: March 27, 2009
  • Date written: December, 2001
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1106

Question: The doctrine of promissory estoppel cannot be regarded as casting doubt on the decision in Foukes v Beer (1884). If that case were to occur today, the House of Lords would decide it in exactly the same way.'

Discuss.

Answer: Foakes v Beer (1884) concerned an action to recover interest on a judgement debt. Mrs Beer had obtained judgement against Dr Foakes....


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 1294
  • Date submitted: February 12, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 795

Question: Outline and evaluate the tort of defamation.

Answer: Defamation is an infringement imposed on the freedom of speech, which seeks to protect the rights of people’s privacy and reputation. Defamatory...


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  • Subject: Law
  • Course: Public Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 2630
  • Date submitted: February 11, 2009
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 750

Question: How have the courts blurring of the line between credit and issue affected the law concerning collateral issues and the finality rule? Is there need for reform?

Answer: Cross & Tapper offer an authoritative and well-cited definition of the finality rule: that in general “answers given by a witness to...


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  • Subject: Law
  • Course: Law of Evidence
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 3493
  • Date submitted: February 10, 2009
  • Date written: February, 2004
  • References: Yes
  • Document type: Essay*
  • Essay ID: 727

Question: [Quotation -‘One of the aims of the registration is to make title more secure and easily provable. It is supposed to set up a mirror of ownership. The mirror principle – or rather, aspiration – is hostile to interests that do not appear on the registered title. Like many systems registration has it’s own momentum; it tends towards tidiness and completeness and to the elimination, as far as possible, and of interests that a purchaser cannot discover from the register.’] Discuss and consider the extent to which the Land Registration Act 2002 meets the principles referred to in to in the quotation, including in your answer discussion of the extent to which pre-registration concepts such as notice might continue to persist in relation to difficult cases.

Answer: In the following essay I shall discuss the above quotation. The Land Registration Act 2002 [1] came into force on the 13th...


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  • Subject: Law
  • Course: Land Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 2428
  • Date submitted: February 10, 2009
  • Date written: October, 2003
  • References: Yes
  • Document type: Essay*
  • Essay ID: 722

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