All Categories of Degree Level Law

Question: CASE STUDY - Robert and his wife, Lucy, decide to take dance classes at a local Salsa dance club. They used to go to ballroom dance classes at the same club some years ago. Because Salsa has become so popular, they book the classes in advance. On the back of the receipt a printed clause says ‘For terms and conditions please see the notices in the club.’ On the inside of the club door a large notice is pinned up. The notice reads, ‘The club will not accept responsibility for any loss suffered by customers.’ At their first dance class, the dance instructor, Paul, who also owns the club, demonstrates an energetic step and falls over, knocking Robert to the ground. Robert’s arm is broken and his Rolex watch is damaged beyond repair. When Lucy goes to the cloakroom to get her coat, she finds that the coat has been stolen. Advise Robert and Lucy.

Answer: This scenario deals with the application of common law and legislation pertaining to the validity of exclusion clauses. In order to ascertain the validity of this exclusion clause in particular, the issues of incorporation, timing, notice, negligence and legal obligation need to be taken into account. In order to offer good, sound advice, there are several elements of this scenario that need to be......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Law of Contract – CASE STUDY. Mr. Taylor is sent a letter from D&M Rewards, in which it is stated that he is entitled to receive an item listed in it, on condition that he claims it before by contacting them via phone, text message or letter them within 9 working days in order to obtain a collection number. The purpose of this essay is to determine, in the first part, whether the leaflet of D&M Rewards could become part of a binding contract. On that assumption, assuming that a contract is formed, a second part will consist in determining when that occurs. The first step to reach a binding contract is to have an offer. Thus if we want to demonstrate that this leaflet can become part of a binding contract, we have to show that it is indeed an offer, and not an invitation to treat. Mister Taylor receives a letter from D&M Rewards, is this leaflet a form of offer or just an invitation to treat?

Answer: According to Treitel (2003), “an offer is an expression of willingness to contract on certain terms made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed”. It is in other words an explicit indication by one person, the offerer, to another, the offeree, of their willingness to contract on stated terms, provided that the offerer is w......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Discuss the role of law in the regulation of the employment relationship in Britain

Answer: The law in this country has played a significant role in the development of industrial relations, and until the last quarter of the 19th century, it was mainly used to control the labour market in favour of employers. We can see instances of this in the Combination Act 1799 (making it a criminal offence for workers to combine together to agree wage rates or conditions) and in numerous acts before ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Discuss the significant features of the Contract (Rights of Third Parties) Act. Is its Enactment to be welcomed?

Answer: It is important in the evaluation of any new development in the law to look at the situation that was in force previously. Only then is it possible to analyse the resultant changes and, specifically, to evaluate the current position. At common law it has been generally accepted by the courts (although there is some objection to be found in academic writings such as Flannagan’s article ‘End......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Examine the case of Williams v Roffey and Nicholls LTd. What can be concluded about the doctrine of consideration and the circumstances where the rule does not apply? 65%

Answer: Within this essay I will discuss the issue raised, that is the contractual agreement entered into between Williams and Roffey Bros contractors.I will begin the discussion with a brief explanation of what the contract entails and the various statutes and cases to support my points. First i would like to define the meaning of consideration, as this proves to be a major issue on this certain case and......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: \'Intention to create legal relations could be used to replace the doctrine of consideration. There is no reason in principle why a gratuitous promise seriously meant should not be enforced.\' Critically evaluate this statement.

Answer: Before looking at if the intention to create legal relations should be used to replace consideration, it is important to look at how these doctrines fit into the essential elements in a contract. Their use will then be discussed, together with the doctrine of promissory estoppel. In evaluating these principles reference will be made to case law, judicial comment and of leading contract academics w......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Jack has a contract with Acme Builders. Acme Builders are to lay out Jack’s driveway in fancy paving blocks at a cost of £2,000. Jack has agreed that prior to the commencement of the work he will lift and remove the existing two rows of slabs....With full reference to authority advise Jack.

Answer: This case study is concerned with Contract, more specifically the materiality of a breach of contract, and the remedies thus allowable. In order to come to a conclusion in this area, we need to answer the question, what constitutes a material breach of contract? Once we have answered this by looking at relevant cases we will be in a position to apply this to the facts of the case study, and re......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘The law in relation to misrepresentation drives a coach and four through the hallowed principle of caveat emptor.’ Assess the cogency of this statement.

Answer: The principle of caveat emptor is a doctrine that was dominant in the English legal system pre-19th century. Its literal translation means ‘let the buyer beware.’ The common law maxim is as the translation suggests, that the courts will not offer any protection for consumers who have entered into a contract which is a bad bargain. Only in circumstances where there is actually illegality or und......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘Whether intention to create legal relations exists or not is always a question of objective construction by the courts of what the parties said, did or wrote.’ With reference to decided cases, discuss the above statement.

Answer: Below I have discussed the courts objective construction of intention to create legal relation. For a contract to be binding both parties must intend the agreement to be legally binding. To determine whether or not the parties intended the agreement to be legally enforceable, the courts take an objective view of the parties’ intentions rather then trying to assess the actual intentions of the......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: CASE STUDY ANALYSIS: THE FORD PINTO CASE, A LEGAL & ETHICAL ANALYSIS.

Answer: Drawing primarily on information presented in Harvard Business School (1984) case 383-129, “Managing Product Safety: The Ford Pinto”, along with supplementary data from business, legal, and news media sources, this paper presents a legal and ethical analysis of the Ford Pinto product safety case. The focus of the analysis is on Ford’s management of the product safety issues presented in the......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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