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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

Question: Protecting Children from the Risk of Harm: do current sexual offences legislation provide the protection the 1956 Act failed to provide?

Answer: In 2002, the incumbent Home Secretary, David Blunkett, stated that the law prior to the Sexual Offences Act 2003 was “archaic and...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2671
  • Date submitted: March 21, 2016
  • Date written: December, 2015
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7707

Question: On the principles of direct effect, indirect effect and state liability.

Answer: Introduction The principles of direct effect, indirect effect and state liability, developed by the European Court of Justice (ECJ) are, individually, crucially...


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  • Subject: Law
  • Course: European Union Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2498
  • Date submitted: April 18, 2016
  • Date written: February, 2016
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7695

Question: Question: eTMA 05 Consider the criminal liability of Nigel, Simon, Zack and Tessa.
W201 Law: the individual and the state Feb 2014

Scenario: Mary has just separated from her husband, Nigel, because he has been violent towards her. Mary has stayed in the house that she and Nigel used to share and Nigel has moved out to live with his identical twin brother, William. Mary has changed the locks on the doors of the house and told Nigel that he must never come round. One night, Nigel waits outside the house for Mary to come home from work. Mary unlocks her door and goes back to her car to take out some grocer-ies. Nigel quickly goes into the house through the open door and hides in the hallway. When Mary comes into the house, Nigel slams the door behind her. Mary is startled when she sees Nigel and, thinking he is going to hit her, she screams “get out”. Nigel tells Mary he has missed her and he pushes her to the floor in the hallway. He kisses her roughly and fondles her breasts. Mary is horri-fied. She manages to break free from Nigel and she runs from the house.

When Mary returns to the house an hour later, Nigel has gone. Mary telephones her brother, Simon, and tells him what has happened. Simon is furious and goes round to Nigel’s house to confront him. On the way to Nigel’s house, Simon meets a friend, Zack, who is a local police officer. Zack has just started his nightshift and walks with Simon to Nigel’s house. When they get to the house, Simon is surprised to see a man lying flat on the driveway with blood pouring from his head. Simon thinks the man is Nigel, although it is Nigel’s twin brother, William. Simon and Zack both realise that the man needs urgent medical attention. Zack pulls out his police radio to summon
assistance. Simon says “No Zack – this is the guy who attacked my sister – he doesn’t deserve your help.” Zack replies “You’re probably right – someone will find him in time”. Simon and Zack walk away without helping William.

When William is found by a neighbour some time later, he has lost a large amount of blood. He dies of his injuries on the way to hospital. Doctors later tell William’s family that if he had received treat-ment earlier he might have survived, though his injuries were serious.

The police subsequently discover that William’s head injury was caused by Nigel’s girlfriend, Tessa. Tessa tells police that since she met Nigel a few months ago, their relationship has often been vio-lent: Nigel is prone to bouts of drinking and, when drunk, often lashes out. Tessa has been injured by Nigel twice and most recently had a hospital stay of 4 days when Nigel knocked her uncon-scious and broke her arm.

Tessa tells the police that Nigel had attacked her again earlier that day. She decided she had had enough and went to Nigel’s house to tell him the relationship was over. She says that when she ar-rived at the house, she thought it was Nigel who was standing on the driveway. Tessa says that she suddenly snapped and decided she had to kill Nigel. She grabbed a brick and hit the man over the head several times. When he was slumped to the floor she realised that the man was William, not Nigel. Tessa says she panicked and ran off.

Answer: Criminal liability of Nigel Mary changed the locks on the doors of her house and told her ex husband Nigel that he...


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  • Subject: Law
  • Course: W201 Law: the individual and the state
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2218
  • Date submitted: November 04, 2016
  • Date written: February, 2014
  • References: No
  • Document type: Essay*
  • Essay ID: 7667

Question: TMA 02 Question 1 Explain how judicial precedent operates within the common law system of England and Wales. Discuss the advantages and disadvantages of judicial precedent.

a. Provide a plan setting out how you will address the question. (10 marks) (Word count 107)
b. Provide your answer to this question. (30 marks) (Word count 493)
______________________________________________

TMA 02 Question 2 Please read the following fictitious scenario and answer all parts of each question. (Word count 760)
Scenario
The (fictitious) Prevention of Cruelty to Pets Act 2018 states in section 5 that: ‘Dogs must be carried on escalators.’

An excerpt from Hansard shows that, during the Second Reading of the Prevention of Cruelty to Pets Bill, the Minister for Animal Health and Well-Being had said, referring to what would become section 5 of the Act: ‘It is no longer tolerable that, in our so-called civilised society, individuals are permitted to subject creatures with paws to the risk of painful entrapment of their limbs on moving staircases. I urge the House to support this provision.’

Section 28 of the Prevention of Cruelty to Pets Act 2018, which is headed ‘Definitions’, states: ‘Where the context so requires, “dogs” should be interpreted as including dogs, cats and other animals that are commonly kept as pets and permitted to roam at large within their owners’ homes’.

Question: Explain, with reasons, the likely outcome if each of the four rules of statutory interpretation were applied to each of the following people:
• (a) Alfonso, who is travelling on an escalator with a rabbit on a lead. The rabbit is standing on the step above Alfonso.
• (b) Melody, who is travelling on an escalator with a Chihuahua in her designer handbag. The handbag is balanced on top of a suitcase that is standing on the step below Melody. Melody is lightly supporting the suitcase with her hand so that it will not fall over if the escalator jerks.
______________________________________________

TMA 02 Question 3 Identify one positive piece of feedback and one piece of advice on how to improve your future assignments that you received from your tutor for TMA 01, and explain how you made use of them when you were working on this TMA. (Word count 760)

Answer: TMA 02 Question 1 This essay seeks to provide an explanation to how the judicial precedent operates within the common law system...


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  • Subject: Law
  • Course: W101 An introduction to law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1500
  • Date submitted: November 03, 2016
  • Date written: April, 2016
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7666

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