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Question: ‘In recent case law interpreting the “Actual Occupation” provisions of Schedule 3 Paragraph 2 LRA 2002 the courts have looked beyond the fact that there is no physical “actual occupier” at the date of the disposition. Instead they focus on whether there is a subjective intention to return or to permanently reside at the property. In this way, the cloak of protection of Actual Occupation can be bestowed.’

Explain and critically evaluate the development described in this statement, using appropriate law and commentary to illustrate your responses.

2nd Year LLB Law - Land Law – Mark 65%

Answer: The traditional approach to actual occupation has developed into a wider interpretation after the introduction of the Land Registration Act (LRA) 2002....


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  • Subject: Law
  • Course: Land Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1208
  • Date submitted: April 06, 2017
  • Date written: November, 2016
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7910

Question: TMA 01 How important is it that social workers should know about the law?

K207 The law and social work in Scotland

Answer: In this assignment, I will examine the relationship between the law and social work in Scotland explaining why it is essential for...


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  • Subject: Law
  • Course: K207 The law and social work in Scotland
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1502
  • Date submitted: February 06, 2017
  • Date written: October, 2016
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7816

Question: Critically discuss whether by defining what a ‘reasonable time’ to pay sums in such a broad way as in the case of Cheltenham & Gloucester Building Society v Norgan [1996] 1 WLR 343 (CA) has swung the balance of rights and remedies away from the mortgagee to the mortgagor. In answering this question refer to case law and it’s application.

Answer: This essay will critically discuss whether by defining what a ‘reasonable time’ to pay sums in such a broad way in the...


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  • Subject: Law
  • Course: Land Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 3310
  • Date submitted: January 29, 2017
  • Date written: February, 2016
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7795

Question: Question: The newly elected Tory government is of the opinion that the Human Rights Act 1998 had allowed the judiciary to undermine Parliament and plans to replace it with the British Bill of Rights.

Critically analyse the impact of the Human Rights Acts 98 on the Parliament, executive and judiciary, and discuss the consequences of its repeal in the absence of the British Bill of Rights.
Year 1 Common Law Reasoning

Brickfields Asia College Coursework question January 2016.

TABLE OF CONTENTS.
1. HUMAN RIGHTS ACT
2. IMPACT OF HRA ON PARLIAMENT, EXECUTIVE AND JUDICIARY
3. STATE OF UK IN THE ABSENCE OF A BILL OF RIGHTS AND WHEN HRA IS REPEALED
4. CONCLUSION

Answer: The definition of human rights lies in the terminology itself, which is to protect the fundamental rights of every living person. The...


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  • Subject: Law
  • Course: Common Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 3086
  • Date submitted: April 12, 2016
  • Date written: January, 2016
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7760

Question: Cathy and her brother, Sean, were the beneficiaries of a family trust, in equal shares. The trust assets consisted of (a) a fee simple estate (which they called ‘the cottage’), (b) shares in a private company, and (c) an interest-bearing bank account. Sean wanted to buy Cathy’s interest in the trust. She orally agreed to sell her interest in the company shares and the bank account to him for £100,000, but told him that she was keeping the cottage for the benefit of Adam, who is the 15-year-old son of her dearest friend, Marlene. Sean paid Cathy as agreed, but no documents were ever signed.

Cathy wrote and signed a letter to Marlene, which contained the following sentence: ‘I’ve sold my interest in the family trust to Sean, except for the cottage, which I’m holding in trust for Adam.’

Cathy died recently, and under her will, her entire estate will go to several charities. What rights, if any, do Sean and Adam have to Cathy’s interests in the family trust?

[Trust model answer - Formalities]

Answer: In order to advise as to what rights Sean and Adam might avail over Cathy’s interests in the family trust, all the...


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  • Subject: Law
  • Course: Equity and Trust Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1581
  • Date submitted: December 12, 2016
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 7758

Question: LAW OF TRUSTS: Essay on Secret Trust

i) “The doctrine of equity, by which parol evidence is admissible to prove what is called ‘fraud’ in connection with secret trusts, and effect is given to such trusts when established, would not seem to conflict with any of the Acts under which from time to time the legislature has regulated the right of testamentary disposition. A court of conscience finds a man in the position of an absolute legal owner of a sum of money, which has been bequeathed to him under a valid will, and it declares that, on proof of certain facts relating to the motives and actions of the testator, it will not allow the legal owner to exercise his legal right to do what he will with his own.” (per Lord Sumner in Blackwell v Blackwell (1920)).

Discuss.

ii) What are the specific factors which might disqualify a secret trust from being enforced, asking yourself whether it makes any difference to the result which justification, fraud or dehors, is used.

iii) Is there any coherent justification for the enforcement of secret trusts?

iv) Has any convincing reason yet been adduced for the enforcement of secret trusts? [Zone A 2001]

Answer: A secret trust is an equitable obligation communicated to an intended trustee during the testator’s lifetime to hold the property on trust...


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  • Subject: Law
  • Course: Equity and Trust Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2136
  • Date submitted: December 12, 2016
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 7757

Question: How, if at all, should ss. 53(1)(b) and 53(1)(c) of the Law of Property Act 1925 be reformed?

Formalities Essay

Answer: In laws, perfection can only be reached if there are flaws. It is a fundamental requirement of court of equity that any...


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  • Subject: Law
  • Course: Property Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1314
  • Date submitted: December 12, 2016
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 7756

Question: Presentation: CRIMINAL LAW PROVOCATION / LOSS OF SELF CONTROL

Answer: INTRODUCTION The defence was also considered to have a gender bias in that it was too favourable to those who killed as...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 3564
  • Date submitted: November 29, 2016
  • Date written: November, 2016
  • References: No
  • Document type: Essay*
  • Essay ID: 7730

Question: “The interpretation of “reckless” in section 1 of the1971 Act {by the majority in Caldwell (1982)} was a misinterpretation. If it were a misinterpretation that offended no principle and gave rise to no injustice there would be strong grounds for adhering to the misinterpretation and leaving Parliament to correct it if it chose. But this misinterpretation is offensive to the principle and is apt to cause injustice. That being so, the need to correct the misinterpretation is compelling” – Per Lord Bingham R v G and Another (2003).

DISCUSS.

Answer: This discussion paper will focus on the opinion of one of the Lords in the Appeal for judgment in the case: Regina...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 3227
  • Date submitted: November 29, 2016
  • Date written: November, 2016
  • References: No
  • Document type: Essay*
  • Essay ID: 7729

Question: Assess the modern approaches to the definition of “Intention” in Englsh Criminal Law.

Answer: Actus reus + mens rea in the absence of a defence gives rise to criminal liability. The actus reus is commonly referred...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1796
  • Date submitted: November 29, 2016
  • Date written: November, 2016
  • References: No
  • Document type: Essay*
  • Essay ID: 7728

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