All Categories of Degree Level Law

Question: ‘The recognised exceptions are so limited, and the effects of the Contracts (Rights of Third Parties) Act 1999 are so minimal, that the traditional rule that “Equity will not assist a volunteer” remains virtually intact.’ Is this statement an accurate assessment of the law regarding the constitution of trust?

Answer: The aim and purpose of the equitable maxim; “Equity will not assist a volunteer”, is to prevent the enforcement of incompletely-constituted trusts on behalf of beneficiaries who have not provided valuable consideration in the eyes of the law. A volunteer is a beneficiary of property which the settlor has entered into a covenant with a third party to settle on trust for them. Usually, a volunte......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: LAW 204 Essay – Theories of Contract

Answer: The realm of contract law abounds with theories which attempt to explain and analyse the various ways contractual relationships can be considered. By examining the coherence and justifiability of several theories a clear and more definitive view of contract can be reached. While no theory is without its flaws, the regulatory theory proposed by Collins is the most persuasive. Collins argues tha......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: To what extent is the rule contained in the Salomon v. Salomon & Co. Ltd judgement open to abuse?

Answer: The company as a separate legal personality from that of its members as defined by the Companies Act 1862 was established in common law by the House of Lords in 1879 when they delivered their judgement in the case of Salomon v. Salomon & Co. Ltd. Indeed, this case is now seminal, with both practitioners and students of the law referring to it as the foundation upon which modern company law is base......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Parental Responsibility for Delinquent Children: An Answer?

Answer: Youth crime is on the increase and in an effort to appease public concern, the Government continually tries to find new measures to deal with the problem. Harsher and more speedy sentencing have been popular proposals and most recently there has been growing interest in Britain in holding parents more accountable for their children’s actions. This concept is not new; the Children and Young Pe......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: The Human Rights Act 1998: Token Symbol or Beginning of a New Age?

Answer: The Human Rights Act 1998 has the potential of being one of only a handful of truly significant pieces of legislation the UK has seen in the 800 years since Magna Carta. The Act provides the government with an opportunity to restore the UK to its former place as an international standard bearer of liberty and justice; a position steadily eroded since the war. The Act must however, be taken seri......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: English Legal Process Coursework - Assume that the Coroners and Justice Bill has been enacted in the form set out below and is in force. - A law student at the University of East Anglia, Brandon Fitzanglia, has been convicted of possessing prohibited images of children contrary to s.56 of the Coroners and Justice Act and has instituted an appeal to the Divisional Court of the Queen’s Bench Division by the case stated procedure. The case stated and the legislation are reproduced below. Information about the Simpsons can be found at http://en.wikipedia.org/wiki/The_Simpsons - The appellant, Brandon Fitzanglia, is a fictitious person. - Write the judgement of the Divisional Court in no more than 2000 words.

Answer: The question for the opinion of the High Court, on the stated facts is whether the defendant’s hard drive contained an image of a “child” as defined by s.59. In order to decide whether the case in question involves images of a “child” the statutory interpretation of the section must be looked at verbatim. In subsection (5) it is stated that the word “child” refers to any person ‘u......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘The principles that the prosecution must prove the guilt of the prisoner and that a defendant will be judged by their peers is part of the common law of England\'. Have these principles been eroded in light of Woolmington v DPP and Lord Chief Judges decision to use Sections 44 and 46 of the Criminal Justice Act 2003?

Answer: In criminal proceedings, the legal burden of proving any fact which is essential to the prosecution’s case rests upon and remains with the prosecution for the duration of the trial. Generally, the defendant in the proceedings will bear no legal burden at all in relation to the essential ingredients of the offence. The reasoning behind this is that all persons are entitled to a fair trial where t......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘For Criminal Liability, the actus reus and mens rea of the same offence must always coincide in point of time.’ Assess the accuracy of this claim.

Answer: Liability put simply in legal terms is defined as a “legal duty or obligation by law” . Liability, if bound by law, can in many ways be criminal, thus considered criminal liability. In order for criminal liability to exist in common law both mens rea and actus reus of a particular offence must coincide in point of time beyond reasonable doubt making that offence “absolute”.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: On 6 October, David received the following note from his uncle: Dear David, We discussed some time ago about you buying my construction equipment when I retire from business at the end of this month. I am willing to sell you the equipment for £10,000. Let me know soon as I already have a very good offer from someone else. Uncle Richard David is interested in the offer but he is unsure whether he can raise enough money by the end of October. He phones his uncle to ask whether he can have until the end of the year to pay. His uncle was away on a short business trip so he leaves a message with his secretary. David did not receive any reply from his uncle for three weeks. He arranged a loan with the local bank to buy the equipment. On 27 October, he wrote to his uncle accepting the offer and enclosed a cheque for £10,000. On 31 October his uncle phoned to inform him that he has already sold the equipment to someone else. Advise David who wishes to sue his uncle for breach of contract.

Answer: A contract is an agreement between two or more parties to do or to abstain from doing an act and which intends to create a legally binding relationship. For a simple contract to be valid one party must make an offer and the other accept it. An offer is an announcement of a person’s willingness to enter into a contract.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: On 2nd January 1999, Sarah reads in a local newspaper, “The Brighton Bugle”, that a well known local sports enthusiast, Mick Muscle, was offering £5,000 to the first person to swim from Southsea to the Isle of Wight before 10th January, 1999. Sarah, a keen swimmer, set about her preparations. On 6th January, 1999, a retraction appeared in “The Hove Herald’ stating that Mick’s original offer was cancelled and, instead, the prize was now to be £500 to the first person to cycle from Brighton to Oxford before 12th January, 1999. Sarah was a regular reader of “The Brighton Bugle” and no other newspaper. She did not see the retraction in “The Hove Herald”. On 9th January, Sarah went down to the beach at Southsea to commence her swim to the Isle of Wight. A bystander, who identified himself as Rick Muscle (Mick’s brother), told her that the swimming prize had been cancelled and she should “go and get her cycling gear on”. Sarah disregarded this statement and proceeded with her swim. Rick Muscle notified his brother, Mick, who promptly hired a boat and caught up with Sarah in the middle of her swim. Mick shouted at her through a megaphone, telling her of the withdrawal of the reward for the swim. Sarah was not deterred and completed her swim to the Isle of Wight. On returning to her home in Brighton, she decided to cycle to Oxford the next day to see her best friend. She reached Oxford on the evening of 11th January. She now wishes to claim both the £5,000 for being the first person to swim to the Isle of Wight and, having later learnt of the prize, the £500 for cycling to Oxford. Advise Sarah.

Answer: The first thing to ascertain is whether the advertisement constitutes an ‘offer’ or an ‘invitation to treat’. An advertisement, at least in the case of bilateral contracts, is generally construed as being an ‘invitation to treat’. Authority for this can be found in Partridge v Crittenden , where the appellant had been convicted in the criminal courts of ‘offering for sale’ rare bir......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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