All Categories of Degree Level Law

Question: \"The need for reform in the House of Lords has been greatly exaggerated and therefore makes proposals for reform likely to create more problems than they would solve.\" Discuss.

Answer: The notion that the problems surrounding the House of Lords have been greatly exaggerated is a myth that can be quickly dispelled by looking at the facts. Prior to the House of Lords Act 1999, there were solely 16 female hereditary peers and 2 hereditary peers of ethnic minority in 1998 . The facts showed that the House of Lords was not only socially unrepresentative and undemocratic nature, but h......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: The conflict between the traditional concept of sovereignty of Parliament - a concept which purports that the United Kingdom\'s legislative body (Parliament) is supreme to all other government institutions - and the concept of European supremacy.

Answer: The hypothesis of this paper relates to the seemingly irreconcilable conflict between the traditional concept of the Sovereignty of Parliament - a concept which purports that the United Kingdom\'s legislative body (Parliament) is supreme to all other government institutions - and the concept of European supremacy. With reference to the exponential increase of legal and political European co-operat......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: How does a unilateral contract differ from a bilateral contract? Explain, with reference to relevant case law, why the distinction is important, and any particular problems which have arisen in connection with unilateral contracts.

Answer: The standard contract in English law involves the mutual exchange of promises. A says to B, ‘I offer to sell you these goods £100.’ B replies \'I accept\'. Here both parties have made a contract which is construed as A promising to transfer the ownership of the goods in exchange for B’s promise to pay £100. The unilateral contract, on the other hand, is sometimes referred to as an ‘if\' ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: The decision in Chester v Afshar 2004 UKHL 41 can be interpreted to mean both that a claimant can ignore the traditional rules of causation in a clinical negligence case and that the Bolam test (Bolam v Friern HMC 1957 2 All ER 582) is no longer relevant in determining what a patient should be told regarding the risks of medical treatment. Consider the accuracy of this statement.

Answer: Chester v Afshar (1) has influenced two main issues in medical law and those are; the departure from the traditional rules of causation and the extent of disclosure of information prior to obtaining a patient’s consent for treatment. I will consider both of these points in turn. First I need to consider the traditional rules of causation before moving on to an analysis of Chester v Afshar in t......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: An analysis of the concept of law is not a description of what the law is. Do you agree?

Answer: To begin a discourse upon the above statement, a definition of the critical words analysis and description must first be ascertained in order to clarify the question. Analysis refers to “resolve or separate a thing in to the elements or component parts” while description conveys the act of “giving an account of ”. The significant disparity between these definitions enables a systematic an......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Where does ultimate power lie in the UK constitution?

Answer: Most European nations have written constitutions; a single document which can be referred to in isolation. Unusually for a major western democracy, the UK has no such document. The rules on who makes the law, how the relationship between the principle organs of state is regulated and their functions, are contained in a variety of sources i.e. Statutes, the common law, and conventions. An unwrit......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Euthanasia and its Standing in Light of the European Convention on Human Rights - 71%

Answer: Euthanasia is a contentious issue at any time of year. With the House of Lords scheduled to debate the legalisation of voluntary active euthanasia in May 2003, it will soon cause extra controversy. With this in mind, the following piece has proposed a case in opposition to an alteration in the law. It defeats the secular perspective on the legalisation of euthanasia by dismissing both the clai......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: LAW OF TORT 1 ASSIGNMENT, CASE STUDY, Mr Boss owns Slow Railways and in January 2005 he decided to have a new station built. The station was to be on the outskirts of Presford. In order to advise the claimants the following aspects of law of tort must be considered, what is tort, negligence and what are the elements, nervous shock, economic loss and vicarious liability.

Answer: Tort is a civil wrong and liability is not undertaken voluntary but imposed by courts based on fault. Negligence as a tort is defined as “negligence is the breach of a legal duty to take care, resulting in damage to the claimant, which is not desired by the defendant.” Therefore negligence protects an individual against several types of harm or damage such as damage to property, personal inju......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Discuss the extent to which the omnipotence or sovereignty of Parliament\'s power to legislate is reigned in by practicality.

Answer: In Britain, the Monarch had been sovereign before the 17th and 18th century but it was passed to Parliament who took the right of name of Parliamentary sovereignty and deposed of Monarch. There are two views on the foundation of Parliamentary supremacy, first,1688 revolution that was decisive political act establishing the Parliamentary basis of the constitution. Alternative view is that Parliamen......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: It is time for the Charity Commission to be given a legislative definition of ‘charitable trust’ with which to work. The current definition provides for anomalies and unfairness within the law. Discuss.

Answer: The Charity Commission and the judiciary determine charitable status. The Charity Commission is a public body appointed by the Government. It exercises some judicial functions in ruling whether to designate charitable status to an organisation: “Their role is quasi-judicial.” It assumes the role of a court when doing so , yet can refer cases to the judiciary if necessary and works in tande......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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