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Question: '[The] characterization of the negligence standard as moral or moralistic does not advance analysis. The morality of the fault system is very different from that of everyday life. Negligence is an objective standard. A man may be adjudged negligent though he did his best to avoid an accident and just happens to be clumsier than average'. R. Posner, 'A Theory of Negligence', The Journal of Legal Studies (1972) 1 (1) 29-96, at 31.

With reference to case law, to what extent do you agree with Posner?

Answer: Negligence is the failure to act as an ordinary prudent and a reasonable man required by the law. Negligence is the most...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2674
  • Date submitted: March 24, 2011
  • Date written: March, 2007
  • References: Yes
  • Document type: Essay*
  • Essay ID: 3660

Question: Critically explore the regulation of internet business transactions.

Answer: A particular striking example of why this is an issue, briefly putting the focus of business transactions aside, is that undoubtedly the...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2056
  • Date submitted: February 08, 2011
  • Date written: January, 2008
  • References: Yes
  • Document type: Essay*
  • Essay ID: 3625

Question: MEDICAL NEGLIGENCE AND MALPRACTICE

'The average patient has few if not any satisfactory avenues in which to vent his / her frustration in the event of poor or negligent treatment.'

To what extent is this an accurate picture of the NHS complaints mechanism in this country? How far has civil litigation filled the gap?

Answer: Medical malpractice is professional negligence by an act or omission of a healthcare practitioner, where care provided deviates from accepted standards of...


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  • Subject: Law
  • Course: Medical Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1168
  • Date submitted: February 08, 2011
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 3624

Question: LEGAL PERSONNEL- A CRIMINAL CASE EVALUATION STUDY

- Outline of Ian Huntley case
- Assess the relationships between the roles of Barristers and Solicitors
- The role of Barristers in Ian Huntley Case
- General similarities and differences between Barristers and Solicitors
- Critically evaluate the process of judicial appointments
- The role of the judge in Ian Huntley Case

Answer: The prosecutor Barrister in Ian Huntley and Maxine Carr case was Richard Latham, who opened the case saying there was strong evidence...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 3058
  • Date submitted: January 12, 2011
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 3614

Question: ‘In so far as Dicey’s general statement of the rule of law may be taken to involve the existence in the English constitution of certain principles almost amounting to fundamental laws, his doctrine is logically inconsistent with the legislative supremacy of Parliament.’

Assess the accuracy of this claim.

Answer: The idea of the rule of law was not conceived by Dicey, but he popularised it in the late nineteenth century. His...


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  • Subject: Law
  • Course: English Legal System
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1745
  • Date submitted: December 09, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 3590

Question: LLB Contract Law Case Study

Rob, a wealthy philanthropist, placed an advertisement in the “Herald” newspaper offering to sponsor, at the rate of £1 per mile, anyone willing to walk to Manchester in aid of the Contract Lecturers’ Benevolent Fund, a charity.

Elizabeth, who was already walking to Manchester in order to improve her fitness, heard about Rob’s advertisement and decided to claim the sponsorship money on arrival in Manchester. Richard read the advertisement and decided to set out for Manchester, having first sent an email to Rob informing him that he intended to claim the sponsorship money. When Rob received Richard’s email he placed a second advertisement in the “Herald” revoking his offer, which Yvonne, a friend of Richard told him about when he was half-way to Manchester. Meanwhile, Stewart, who had read Rob’s first advertisement, set out for Manchester having decided to claim the sponsorship money, but did not hear of Rob’s second advertisement.

Elizabeth heard of Rob’s second advertisement before she reached Manchester and gave up her walk before reaching Manchester, but claimed to be entitled to £1 per mile for every mile she had covered. Richard completed the walk and claimed the sponsorship money, as did Stewart when he completed the walk.

Advise Rob.

Answer: The case in question requires establishing the existence of a contract between Rob and each of the three candidates Elizabeth, Richard and...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2160
  • Date submitted: September 11, 2009
  • Date written: May, 2009
  • References: No
  • Document type: Essay*
  • Essay ID: 3350

Question: LLB Contract Law Case Study (mistake)

Mrs. Caring advertised in a ladies magazine for a well-qualified nurse to assist her in looking after her baby son, Albert. She received a visit from someone in nurses’ uniform who, she thought, introduced herself as Miss Nappybucket, a well-qualified nurse known to Mrs. Caring by reputation. In fact, the visitor was Miss Nappyrash, who was completely unqualified but hoped to learn the job as she went along. Mrs. Caring was rather deaf and misheard the name given by her visitor. Mrs. Caring offered the visitor a two-year contract at a salary of £ 20,000 per annum. Miss Nappyrash accepted, and Mrs. Caring paid her two months salary in advance. Miss Nappyrash then produced a form which she said it was necessary for Mrs. Caring to sign in connection with the payment of National Insurance contributions. Mrs. Caring signed what she thought was the form, not noticing that Miss Nappyrash had hidden another form underneath, which Mrs. Caring in fact signed. The form was a guarantee of Miss Nappyrash’s overdraft with Floyd’s Bank.

Mrs. Caring has discovered her mistake concerning Miss Nappyrash’s identity and terminated the contract with her. She wishes to recover the two months salary paid in advance. Meanwhile, she has received a letter from Floyd’s Bank demanding payment of sums due under the guarantee of Miss Nappyrash’s overdraft.

Advise Mrs. Caring.

Answer: The case in question requires Mrs Caring to plead under unilateral mistake of identity for her contract with Nappyrash and non est...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 2331
  • Date submitted: April 07, 2009
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 3348

Question: Explain the concept of Parliamentary Sovereignty.

Answer: In the absence of a written constitution, the cornerstone of the United Kingdom constitution is the concept of parliamentary sovereignty. The classical...


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  • Subject: Law
  • Course: English Legal System
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 3116
  • Date submitted: April 08, 2010
  • Date written: November, 2009
  • References: No
  • Document type: Essay*
  • Essay ID: 3332

Question: (a) Identify and explain THREE differences between undue influence and economic duress.
(b) Read the report on Williams V Bayley (1866). If a case with the same facts came before a court today could the father successfully rely on economic duress rather than undue influence?

Answer: For a legally binding contract to exist, parties must have acted on their own free will for them to be bound by...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 616
  • Date submitted: July 01, 2010
  • Date written: March, 2010
  • References: Yes
  • Document type: Essay*
  • Essay ID: 3321

Question: ‘The rules on offer and acceptance may have been adequate in the twentieth-century: they are inappropriate for the technologies of the twenty-first’.
Do you agree? Give your reasons.

Answer: Contract formation in English law generally does not require the use of any particular communication method for making an offer or indicating...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 2101
  • Date submitted: October 15, 2009
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 3301

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