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Question: Legal Research Assignment
Rachael Flemming was a recovering drug user. She was barely 17 years old. After serving a four month sentence during which she underwent a programme of detoxification she was discharged under licence. The condition of the licence was that she had to live with her mother, Audrey Brown, and observe a curfew. Also, living in the same house was Flemming’s older half- sister, Rita Keeler. Both Flemming’s mother and sister were themselves habitual drug users and heroin addicts.
One evening Keeler bought several packets of heroin from a local dealer, Ron Taylor. She passed some or all of it to Flemming who then injected herself with the drug. Flemming immediately became ill displaying all the symptoms of heroin overdose. Keeler later told police that when she herself had suffered in a similar way she had been rescued by paramedics. However, when Flemming’s temperature rose, her lips turned blue and she became unresponsive, instead of seeking medical help, the mother and daughter decided to put Flemming to bed in the hope that she would recover spontaneously. They did observe some improvement in her colour but were not alarmed by her state of unconsciousness since they believed her condition to be the normal effect of the drugs. The next morning Keeler’s mother woke Keeler to tell her that Rachael was dead. They called the emergency services who responded immediately. The paramedics concluded from an examination of the body that Rachael had been dead for some time. The cause of death was poisoning by heroin.

Keeler and Brown were arrested and charged with manslaughter. Please advise them of their criminal liability.

Ensure that your essay discusses in detail the meaning of ‘duty of care’ in this context.

(Graduate Diploma in Law PT Yr 1)

Answer: This scenario raises a number of issues surrounding manslaughter and when someone is criminally liable, therefore responsible, for the death of another...


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  • Subject: Law
  • Course: Graduate Diploma in Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2025
  • Date submitted: May 08, 2015
  • Date written: October, 2013
  • References: Yes
  • Document type: Essay*
  • Essay ID: 6568

Question: ‘At common law privity prevented a third party from ever receiving an enforceable benefit from a contract made between other parties. This situation has been clearly and decisively remedied by the Contracts (Rights of Third Parties) Act 1999. No longer will third parties be denied the ability to enforce benefits conferred upon them by a contract between two or more other parties.’

Discuss.

Answer: This essay takes a look at the principle of privity in contract law, examines the exceptions to the rule of privity which...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1424
  • Date submitted: May 05, 2015
  • Date written: February, 2013
  • References: No
  • Document type: Essay*
  • Essay ID: 6528

Question: Critically discuss s.66 Immigration Act 2014 in light of the decision in Al-Jedda v. Secretary of State for the Home Department [2013] UKSC 62 and the case-law of the Court of Justice of the European Union.

Answer: In 1992, al-Jedda an Iraqi national arrived in U.k. and sought asylum. He was given British nationality in 2000. In 2004 he...


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  • Subject: Law
  • Course: Immigration, Nationality and Asylum Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1408
  • Date submitted: February 04, 2015
  • Date written: December, 2014
  • References: Yes
  • Document type: Essay*
  • Essay ID: 6520

Question: Susie grabbed a knife which had been left on the table, and intending to cause Pete serious harm, stabbed him. Susie’s attack was not immediately fatal, Pete was treated, but, while in hospital, the wound became infected and did not respond to medication. Pete died of septicemia.

Advise Susie on Murder ONLY.

Answer: Susie’s murder of Pete Susie could be charged with the offence of murder. Murder is defined by Coke CJ as the unlawful...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 965
  • Date submitted: April 30, 2015
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 6509

Question: Frustration PYQ pg 17 – Vic
Vic, the manager of a group of theatrical performers (the Vickettes), arranged with Wally, for a fee of £50,000, that the group would provide the entertainment at a series of festivals organized by Wally. Xerxes, the principal actor of the Vickettes, drank heavily the night before the first performance was to take place. As a result of his drinking, he was unable to perform properly at the performance. His words were slurred and he frequently stumbled as he moved about the stage. As a result, Wally who had paid $15,000 for the hire of the venue had to return £20,000 to the dissatisfied members of the audience. In addition, Wally was unable to sell any souvenir mugs, tea towels or aprons. The remaining four theatrical performances for that year had to be cancelled due to poor ticker sales.

Advise Wally.

(Contract Law)

Answer: In advising Wally, we are required to consider whether there is frustration arises in the contract and what remedies can Wally get...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1077
  • Date submitted: April 30, 2015
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 6508

Question: There is no guiding direction for causation. Discuss.

Answer: The question above requires us to consider whether guiding direction exists for causation. In this essay, I will discuss the general rule...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 2138
  • Date submitted: April 30, 2015
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 6507

Question: "The questions are (i) 'was there a proposal (or 'offer') made by one party which was capable of being accepted by the other' and, if so, (ii) 'was that proposal accepted by the party to whom it was made'.

The questions are (i) “was there a proposal (or ‘offer’) made by one party [A] which was capable of being accepted by the other [B]” and, if so, (ii) “was that proposal accepted by [B] …. In determining the first of those questions .... the correct approach is to ask whether a person in the position of B (having the knowledge of the relevant circumstances which B had), acting reasonably, would understand that A was making a proposal to which he intended to be bound in the event of an unequivocal acceptance”.’
 (Crest Nicholson Ltd v Akaria Investments Ltd [2010] EWCA Civ 1331 at para. 25 (Sir John Chadwick))

Critically discuss the above statement and assess the extent to which it accurately reflects the approach of English courts to contracting by emails. (60% Contract Law, Year 1)

Answer: The above statement provides a clear and accurate basic summary of the general approach taken to assessing offer and acceptance, which is...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1496
  • Date submitted: April 29, 2015
  • Date written: April, 2014
  • References: Yes
  • Document type: Essay*
  • Essay ID: 6506

Question: "The judges believe that Parliament, through the Human Rights Act, has given them a special role in protecting rights, particularly perhaps the rights of unpopular minorities. MPs, by contrast, believe that, as elected representatives accountable to the people, it is they and not the judges who should retain the last word on such matters."
V Bogdanor, ‘Imprisoned by a Doctrine: The Modern Defence of Parliamentary Sovereignty' (2012) 32 OJLS 179'

Discuss, with reference to the above quote, whether parliamentary sovereignty is now at threat from the judiciary, citing relevant case-law in your answer.
(64% Constitutional/Administrative Law, Year 1)

Answer: Parliamentary sovereignty is one of the key principles of the British constitution and it means that supreme legal authority in the UK...


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  • Subject: Law
  • Course: Constitutional and Administrative Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1409
  • Date submitted: April 29, 2015
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 6505

Question: Alexander (24), Chandler (22), Maya (20), Naveed (20) and Saffron (18) are siblings living in London. Tragically their parents were killed in a car accident two years ago and the brothers and sisters were left the property in their parents’ Wills. The property was conveyed to all five of them jointly.

About a year after the accident Alexander was struggling with the pressures of bringing up his brothers and sisters and turned to drink and gambling. He started to get into financial difficulties and two months ago was declared bankrupt.

Chandler recently finished his University course in Manchester and decided to stay there and buy a property with his girlfriend. He needed to raise some money for a deposit and so decided to offer his share in the property to Naveed and Saffron. He wrote to them both, addressing the letter to them at the house, and left it on the dining room table. In the letter he explained that the house had recently been valued by an estate agent at £500,000 and asked if either of them wished to buy him out.
Before Naveed and Saffron had a chance to read the letter Maya found it and recognising Chandler’s handwriting decided to open it. She was furious when she saw that her brother had offered his share in the property to Naveed and Saffron and not her. Maya decided to confront her brother and found him upstairs in the house. They got into an argument and Chandler decided to walk away from Maya, which infuriated her even more, and she pushed Chandler down the stairs, killing him. Maya was arrested and is currently awaiting trial for murder but wants to return to live at the property on her release.
Naveed was so upset by what his twin had done that he decided he too wanted to sell his share in the property. He approached Saffron to see if she wished to buy him out. Saffron said she would have to think about it as she had only just got a full time job and was not sure she could afford it. Saffron said she would make an appointment with her bank to discuss financing buying him out and come back to Naveed with an answer; they could then negotiate the price.

Sadly Saffron was hurt last week in an accident at work and has since died. On sorting out her personal belongings Naveed found a Will in which she left all of her property to her girlfriend, Emma. Naveed was not happy about this as the family has always viewed Emma as a bad influence on Saffron.

Naveed is unsure who owns the property and in what shares so would like advice on this. He is also unsure what will happen to the property now.

Please advise all of them as to their shares in the property and whether the house will have to finally be sold.

Answer: In order to advise the parties as to how the shares in the property are held and whether it will need to...


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  • Subject: Law
  • Course: Property Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1334
  • Date submitted: March 24, 2015
  • Date written: February, 2012
  • References: Yes
  • Document type: Essay*
  • Essay ID: 6453

Question: ‘Equity is as long as the Chancellor's foot. Critically discuss this statement’.

Answer: On its initial reading and preliminary assessment, the title statement is immediately understood as a maxim intended to summarise equity’s most obvious...


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  • Subject: Law
  • Course: Equity and Trust Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 2635
  • Date submitted: February 21, 2015
  • Date written: December, 2014
  • References: Yes
  • Document type: Essay*
  • Essay ID: 6446

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