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Question: Assume that there is a measure of EC law which provides that workers in the financial services industry cannot be made to work for more than four hours on a Saturday. - Jason and Eileen have been informed by their respective employers that in future, they would be expected to work from 9 a.m to 8 p.m. on a Saturday. Jason is a customer adviser working for a major High Street bank; Eileen works as an adviser for a government-funded company which specialises in providing low-cost financial advice for people on limited incomes. Both want to rely on the provision of EC law outlined above to resist working for more than four hours on a Saturday. - Q 1a: Explain whether they would be able to rely on the provision of EC law if it was: (W200 – TMA 03 – QUESTION 1)

Answer: (i) An article of the EC Treaty binds UK law. ü The future working hours is in conflict with the certified EC...


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  • Subject: Law
  • Course: European Union Law
  • Level: Degree
  • Year: 1st
  • Mark: 64%
  • Words: 1126
  • Date submitted: February 16, 2010
  • Date written: April, 2009
  • References: Yes
  • Document type: Essay*
  • Essay ID: 2531

Question: “… one can perceive some desire to fit the HRA within the traditionally British incremental approach as building on developments and trends in the common law, rather than as something wholly new…” Discuss this statement. Explain whether you think that the HRA has damaged the doctrine of Parliamentary supremacy more than it has damaged the doctrine of precedent. (W200 – TMA 03 – PART 2)

Answer: I agree with the comments from David Bonner et al of ‘Judicial Approaches to the HRA’. However I do not agree that...


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  • Subject: Law
  • Course: European Union Law
  • Level: Degree
  • Year: 1st
  • Mark: 64%
  • Words: 1091
  • Date submitted: February 16, 2010
  • Date written: February, 2009
  • References: Yes
  • Document type: Essay*
  • Essay ID: 2530

Question: When the case White v White (2000) 2 F.L.R 981, was decided by the House of Lords many academics and legal commentators saw this as marking a revolutionary change in the law relating to matrimonial property and financial provision upon divorce. In the light of subsequent developments can this case still be seen as being revolutionary?

Answer: The ground-breaking case on division of financial assets on divorce is White v White (2000) in which the House of Lords gave...


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  • Subject: Law
  • Course: Family Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 64%
  • Words: 2297
  • Date submitted: February 15, 2010
  • Date written: February, 2007
  • References: Yes
  • Document type: Essay*
  • Essay ID: 2529

Question: To what extent is Rawls's Theory of Justice merely a Justification of the Existing Political System?

Answer: The existing political system is generally recognised as embodying democratic, liberal and capitalist ideals. Where free market values are upheld in a...


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  • Subject: Law
  • Course: English Legal System
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 64%
  • Words: 2501
  • Date submitted: July 07, 2009
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1809

Question: Explain and evaluate the extent to which the decision of the house of lords in Gemmell and Richards (2003) 3 WLR 1060 has clarified and improved the meaning of the concept of recklessness in English criminal law?

Answer: The concept of ‘recklessness’ or being ‘reckless’ has been described as causing injury without intending to do so. But not every case...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 64%
  • Words: 2082
  • Date submitted: July 04, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 1765

Question: "Intestate Succession Rights of Cohabiting Couples"

Students must identify what succession rights on intestacy a surviving member of a cohabiting couple has in both Scots law and the law of ONE other jurisdiction.

The assignment should be no more than 1500 words, presented in two parts: Part A, dealing with methods of research used by the student, listing the materials found (and where and how found); Part B presenting a comparison between Scots law and the law of any other legal system (except English law).

Answer: Part A: Research Methods In order to begin the assignment, it was firstly important to establish which jurisdiction was going to be...


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  • Subject: Law
  • Course: Family Law
  • Level: Degree
  • Year: 1st
  • Mark: 64%
  • Words: 2008
  • Date submitted: April 27, 2009
  • Date written: November, 2007
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1475

Question: Would it be better if the constitutional conventions operating in the United Kingdom constitution were to be replaced by laws? Explain your answer.

Answer: There is no straightforward answer to whether it would be better to replace the constitutional conventions with laws as it largely depends...


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  • Subject: Law
  • Course: English Legal System
  • Level: Degree
  • Year: 1st
  • Mark: 64%
  • Words: 1797
  • Date submitted: March 26, 2009
  • Date written: March, 2008
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1105

Question: The English courts only pretend to respect patient autonomy. In any difficult case, the judges prefer the doctors’ judgement of the patient’s best interests.’ Discuss.

Answer: Self governance or autonomy fundamentally depends on the capacity to make ones own decisions. Mentally competent people are said to enjoy the...


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  • Subject: Law
  • Course: Medical Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 64%
  • Words: 2676
  • Date submitted: February 20, 2009
  • Date written: April, 2003
  • References: Yes
  • Document type: Essay*
  • Essay ID: 799

Question: Consider the following cases: Bolton v. Stone; The Wagon Mound (No.2); Latimer v. AEC; Paris v. Stepney BC. How far did the judges in those cases rely on the type of analysis proposed by Hand J.? What results should follow from the application of that analysis, in your view?

Answer: In the tort of negligence in English law a person is assessed against the standard of the ordinary reasonable person. The standard...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 64%
  • Words: 1728
  • Date submitted: February 12, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 783

Question: "From Beswick v. Beswick [1968] AC 58 to White v. Jones [1995] 1 All ER 691 the judges have valiantly tried to avoid the doctrine of privity where justice has demanded that a remedy be granted. The Contracts (Rights of Third Parties) Bill currently before Parliament is long overdue."

Discuss. 64%

Answer: For many years, both lawyers and academics have regularly attacked the application of the rule of privity in English contract law. Nevertheless,...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 64%
  • Words: 2821
  • Date submitted: February 12, 2009
  • Date written: November, 1999
  • References: Yes
  • Document type: Essay*
  • Essay ID: 782

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