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Question: ‘The defence of consent relating to non-fatal assaults involving private sexual activity is over-complicated and confusing.’ Assess the accuracy of this claim.

Answer: Consent is generally accepted as a defence to potential offences committed during sexual activity, such as in the case of Slingsby (1995),...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 714
  • Date submitted: March 10, 2013
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 4558

Question: Study Section 11 and Schedule 2 of the Unfair Contract Terms Act 1977. Explain the meaning and significance of the provision in Section 11 Sub-section 4 that deals with a contract term seeking to restrict financial liability to a specific sum. How useful are the guidelines for applying the reasonableness test in Schedule 2.

Answer: Setting a ceiling for compensation however, lessens the chances that a party will claim to have entered the contract under unreasonable circumstances...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 822
  • Date submitted: January 14, 2010
  • Date written: February, 2009
  • References: Yes
  • Document type: Essay*
  • Essay ID: 4419

Question: Explain how the judgement in Hartley v Ponsonby 119 E.R. 1471 builds on the Stilk v Myrick 170 E.R. 1168 case by making a new rule for a new type of situation. Also describe why the case is important in the development of contract law.

Answer: In the case of Stilk v Myrick, it is of note that the agreement between the captain and the crew was a...


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  • Subject: Law
  • Course: European Union Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 840
  • Date submitted: February 17, 2010
  • Date written: November, 2009
  • References: Yes
  • Document type: Essay*
  • Essay ID: 4418

Question: In this assignment, I will analyse the two cases and discuss remoteness of damage and how damages can be recoverable in tort and contract law and the legal principles of these two cases. The overlapping area of contract law and tort law is also done in this piece of work.
1) Corr v IBC Vehicles 2008 AC 884
2) Transfield Shipping Inc. v. Mercator Shipping Inc. (The Achilleas) 2009 1 AC 61

Answer: 1) Corr v IBC Vehicles 2008 AC 884 This case deals with remoteness of damage. The issue in this case is whether...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 2174
  • Date submitted: November 16, 2010
  • Date written: February, 2011
  • References: Yes
  • Document type: Essay*
  • Essay ID: 4385

Question: Discuss scope and objectives of tort as compared with contract in the context of duties fixed by law and people to whom the duties are owed.

Answer: Many duties in tort and are not fixed by the parties but arise by virtue of the law alone. The law imposes...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 2179
  • Date submitted: December 10, 2010
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 4384

Question: Skills analysing assignment

Facts
The Defendant sexual assaulted the claimant on 22nd February 1988. The defendant was convicted of attempted rape and was sentenced to life imprisonment. The defendant had six previous convictions for rape, attempted rape and indecent assault. The defendant was not worth suing for damages at this time.

He was released on licence on 10th May 2004. The defendant won a lottery of £7 million. As a result of his publicity the claimant came to know about his release. The Claimant sued the defendant for assault and battery resulting in psychiatric injury. Her claim was rejected because her claim was brought after the limitation period of six years imposed by the Limitation Act 1980.

Issues
(1) Whether the case of Stubbings v Webb was wrongly decided and whether the court should depart from the Practice Statement (HL: Judicial Precedent) [1966] 1 W.L.R. 1234

(2) Whether the definition of "significant" injury in the Limitation Act 1980 s.14(2) allowed the courts to take into account the personal characteristics, existing or pre-existing consequences of the injury suffered into account.

Answer: Decision The appeal was allowed on the basis that Stubbings v Webb was wrongly decided. Reasoning on each issue Stubbings v Webb...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1345
  • Date submitted: December 10, 2010
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 4383

Question: “The UK & Irish courts experience difficulty in determining true range of the Commercial Agents Directive. There is an argument that this is caused, partly, by being deficient in the provision of a defined meaning of the word “negotiate”. Additionally, the failure to define the phrase “commercial agency by way of secondary activity” united with the fact that that expression has no, established, commercial customary use in the UK, results in difficulty within that Member State, in interpreting complex Implementing Legislation”. – An analysis

Answer: The Commercial Agents (Council Directive) Regulations 1993, has always been a headache to courts in the UK and Ireland. There is a...


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  • Subject: Law
  • Course: European Union Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1770
  • Date submitted: November 03, 2012
  • Date written: March, 2011
  • References: Yes
  • Document type: Essay*
  • Essay ID: 4324

Question: Case study
In our present case Kompact Skooter Ltd (KS) is the designer and manufacturer of rechargeable electric scooters and is targeting adults. KS’s scooters captured 25% market share of the compact scooter market in UK, very quickly. With this success KS made negotiations with a company named FR in France and SP in Spain to buy and resell their scooters in their countries. The terms of negotiation were as below.

1. KS agrees not to sell scooters or appoint any other business in Spain and France for selling scooters.

2. A minimum amount of 20,000 Euros is to be spent yearly by these companies for promoting KS’s scooters but only within Spain or France.

3. The selling price of scooters will be notified to FR and SP and they must sell scooters only at those prices previously notified by KS.

4. Neither FR nor SP will sell scooters outside France and Spain respectively.

5. FR and SP will not sell scooters of other manufacturers.

6. After-sale service is provided by FR and SP and they shall buy all spare parts from KS.

The issue is, whether any of these provisions is in violation of Article 101 of TFEU and the extent to which European Commission Notice of Guidelines on Vertical Restraints, are applicable in this case.

Answer: To show breaches of Article 101, it is required to satisfy all three elements of this Article. Agreement between undertakings: There must...


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  • Subject: Law
  • Course: European Union Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2197
  • Date submitted: November 03, 2012
  • Date written: November, 2011
  • References: Yes
  • Document type: Essay*
  • Essay ID: 4323

Question: SECTION A: QUESTION 3
'A governmental body and a citizen or corporation should be governed by a single general principle of law.' Discuss.

Answer: The precise demarcation between the public and private sector has for a long time been avoided in British History. Dicey’s postulate that...


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  • Subject: Law
  • Course: Public Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1078
  • Date submitted: May 03, 2013
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 4719

Question: The Human Rights Act 1998. An assessment.

Answer: The Human Rights Act 1998 became enforceable on the 2nd October 2000. At that point it was expected that it had the...


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  • Subject: Law
  • Course: Human Rights Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2523
  • Date submitted: May 03, 2013
  • Date written: July, 2011
  • References: Yes
  • Document type: Essay*
  • Essay ID: 4718

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