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Question: Does The Law Of England And Wales Need A Doctrine Of Common Mistake?

Answer: 'In the law of contract two things regularly recur, respect for the sanctity of contract and the need to give effect to...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 61%
  • Words: 2684
  • Date submitted: February 01, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 502

Question: Q: ‘The law in relation to misrepresentation drives a ‘coach and four’ through the hallowed principle of caveat emptor”.

Assess the accuracy of this claim.

Answer: It has been argued by academics that the relatively recent legal concept of misrepresentation, and the obligations and responsibilities it places on...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: 61%
  • Words: 1828
  • Date submitted: January 31, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 481

Question: Critically assess the advantages and disadvantages of commercial arbitration.

Answer: The Arbitration Act has three general principles. The first is that the arbitration should obtain fair dispute resolution by an impartial tribunal...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 61%
  • Words: 1986
  • Date submitted: January 30, 2009
  • Date written: December, 2001
  • References: No
  • Document type: Essay*
  • Essay ID: 475

Question: Land Law Problem Question Essay
LLB Law 2nd Year
London School of Economics and Political Science (LSE)
Mark graded: 60 (2:1)

In 2014 Astrid, an accountant, bought a one-bedroom flat with an adjoining garage. At that time her girlfriend, Bernice, worked at the estate agents which was selling the flat. By virtue of her position there, Bernice was able to secure for Astrid a £2,000 discount on the purchase price of the property. In 2016, Bernice gave up her job at the estate agents’ in order to pursue a career as a musician; since then, she has spent a significant portion of each year on tour. When not on tour, Bernice spends some of her time staying with friends and between five and eight months of each year with Astrid. Bernice makes no contributions to the mortgage, though once, after a successful tour, she gave Astrid £1,000 which Astrid chose to use to pay off some of the mortgage loan. 


Earlier this year, while Bernice was on a lengthy tour abroad, Astrid decided to make a cash sale of the flat to Craig, a friend of a friend. Craig, who had recently benefited from an inheritance, was about to begin working nearby and wanted to buy a property quickly. When Craig inspected the flat he found an array of musical instruments in the bedroom and the living area. Craig said to Astrid: “You must be a very creative accountant!” Astrid didn’t respond. In the bedroom Craig noticed two toothbrushes, women’s clothes, jewellery and toiletries. In the garage there was a car and a motorbike. “Does anyone live here with you?”, Craig asked Astrid. She replied: “there’s someone who stays with me sometimes but it would be stretching things to say they live here. I bought the flat, and it’s mine to sell. If you’ve any doubts, check the Land Register.” Craig checked with the Land Registry and, discovering that Astrid was sole legal title-holder to the property and that there were no interests registered against the title, decided he would buy the flat.

This week, just as the conveyance of the flat from Astrid to Craig was to be completed, Bernice returned from tour. When Astrid told her of the sale to Craig, Bernice said it couldn’t go ahead. “I occupy this flat. I reckon I’ve got property rights, and I’ve certainly got human rights!” 


Advise Bernice.

Answer: In this scenario, we can discern that Astrid according to the orthodox are recognized as sole legal title to the property. However,...


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  • Subject: Law
  • Course: Land Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 60%
  • Words: 1291
  • Date submitted: November 30, 2018
  • Date written: March, 2018
  • References: Yes
  • Document type: Essay*
  • Essay ID: 8572

Question: “No two sets of facts are exactly alike, and so no two legal cases are indistinguishable. And because no two legal cases are indistinguishable, no judicial precedent is genuinely binding.” Discuss.

Intro to Legal System Essay
London School of Economics 1st year LLB Law
Marked 60% (2.1)

Answer: The most important limitation on the application of precedent is that the decision in an earlier case is only binding in latter...


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  • Subject: Law
  • Course: English Legal System
  • Level: Degree
  • Year: 1st
  • Mark: 60%
  • Words: 1392
  • Date submitted: January 15, 2018
  • Date written: November, 2017
  • References: No
  • Document type: Essay*
  • Essay ID: 8247

Question: 'Devolution represents a major change in our political constitution. What has been less apparent is that devolution has also produced important changes to the role of the judiciary in our constitutional arrangements.' Discuss.

Answer: Prior to devolution, the United Kingdom (‘UK’) is probably the most centralised state in Western Europe. After devolution, the UK is often...


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  • Subject: Law
  • Course: Constitutional and Administrative Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 60%
  • Words: 2467
  • Date submitted: March 19, 2015
  • Date written: January, 2014
  • References: Yes
  • Document type: Essay*
  • Essay ID: 6421

Question: LEGAL SKILLS CASE ANALYSIS TEST

Interfoto Picture Library v Stiletto Visual Programmes (Nov 1987)

10 marks will be awarded for correct grammar, punctuation and spelling.

1. What is the date of the judgment? (2 marks)

2. Who was the trial judge and what was his decision? (2 marks)

3. Where was the case heard at first instance? (2 marks)

4. Who were counsel and solicitors in the Court of Appeal? (2 marks)

5. What remedies were Interfoto Picture Library Ltd seeking in the Court of Appeal? (2 marks)

6. Which cases were applied by the Court of Appeal? (2 marks)

7. In what court was McCutcheon v David MacBrayne Ltd [1964] 1 All ER 430 heard?(1 mark)

8. What are the material facts of Interfoto Picture Library v Stiletto Visual Programmes? (6 marks)

9. Why did Dillon LJ not consider if Condition 2 was a penalty? (2 marks)

10. What does Dillon LJ suggest would have been the effect of Condition 2 if it had been a penalty? (2 marks)

11. What were the two arguments made by the defendant? (6 marks)

12. How does the basis for the decision in Parker v South Eastern Rly Co (1877) 2CPD 416 differ from that in Thornton v Shoe Lane Parking Ltd [1956] 1 All ER 686? (2 marks)

13. (a) How did counsel for the plaintiff distinguish Thornton v Shoe Lane Parking Ltd [1956] 1 All ER 686? (2 marks)

(b) Was this distinction was accepted by Dillon LJ and explain his reasoning on the issue. (2 marks)

14. (a) What principle does Bingham LJ say is not an overriding principle of English law? (1 mark)

(b) How has English law dealt with this principle? Give examples. (4 marks)

15. (a) Who were the three judges in Parker v South Eastern Rly Co (1877) 2 CPD 416? (1 mark)

(b) What did they each decide? (3 marks)

16. Did Bingham LJ believe that there was a simple contractual analysis to the problem he was considering? (2 marks)

17. What other authorities does Bingham LJ cite? (4 marks)

18. Explain whether each of the following statements is part of the ratio of Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1988] 1 All ER 348. If you think a statement is part of the ratio, explain why. If you think a statement is not part of the ratio, explain why. (15 marks)

(i) The more onerous the term the more steps a party has to take to bring that term to the attention of the other party.
(ii) Equity will strike down unconscionable bargains.
(iii) Condition 2 was an unreasonable and extortionate clause.
(iv) The Plaintiffs had not brought Condition 2 to the attention of the defendants.
(v) Penalty clauses are void and unenforceable.

19. Bob hired a van from Jack’s Van Hire to transport his furniture when he moved house. Bob went to Jack’s office to hire the van. Before Bob took the van, Jack asked Bob to sign the last page of the hire contract. As he was in a hurry, Bob signed this quickly, without reading it.

The hire contract contained the following term:

Condition 54: If the customer drives the vehicle over 50 mph at any time during the rental period, Jack’s Van Hire will charge the customer £1,000. This is for the wear and tear caused to the vehicle by driving it in excess of 50mph.

Bob was caught by the police driving the van at 65mph in a 50mph zone. When Jack’s Van Hire found out about this, it took £1,000 from Bob’s credit card for driving the van over 50 mph contrary to Condition 54 of the hire contract. Using ONLY the decision in Interfoto Picture Library Ltd v Stiletto advise Bob on what grounds he can argue against the charge made by Jack’s Van Hire. (25 marks)

Answer: The date of judgment is 12 November 1987. The trial judge was Judge Pearce and he gave judgment for the plaintiffs for...


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  • Subject: Law
  • Course: Legal Practice Course
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 60%
  • Words: 1220
  • Date submitted: November 27, 2013
  • Date written: January, 2012
  • References: No
  • Document type: Essay*
  • Essay ID: 5240

Question: Critically evaluate the significance of the decisions in Jones v Kernott [2010] 1 F.L.R 38 AND Stack v Dowden [2007] UKHL 17 in relation to trusts of the family home.

Would you agree that the development of the criteria for establishing such a trust is subject to inconsistency in judicial reasoning?

Answer: A major social trend of the last three decades is the decline in marriage and the rise in cohabitation. Over these decades...


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  • Subject: Law
  • Course: Equity and Trust Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 60%
  • Words: 1979
  • Date submitted: April 12, 2012
  • Date written: January, 2012
  • References: Yes
  • Document type: Essay*
  • Essay ID: 4068

Question: Why do a high proportion of suspects not receive legal advice at the police station?

Answer: A considerable number of studies have been conducted at different police stations which has produced information identifying a range of factors which...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 1st
  • Mark: 60%
  • Words: 2083
  • Date submitted: July 07, 2009
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1816

Question: Critically evaluate the development of common law principles applicable to the defence of provocation in criminal law from the decision in Mancini v DPP [1942] AC 1 to Mascantonio v R (1995) 183 CLR 58. Assess the degree to which the common law has proved inflexible in responding changing societal needs and expectations. Are there other legal means of achieving substantive justice?

Answer: At the time of the case of Mancini the concept of provocation as a defence to murder was already a well established...


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  • Subject: Law
  • Course: English Legal System
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 60%
  • Words: 2047
  • Date submitted: July 07, 2009
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1815

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