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Question: 'In British constitutional theory and practice there is a clear-cut distinction between law and convention. Law derives from common law and statute, and is enforceable by the courts. Convention derives from constitutional principle and practice and is not enforceable by the courts. Law remains in force until changed by statute. Convention may change with changing times. Law, at least if statutory, is ascertainable in precise form. Convention is often imprecise and may be nowhere formulated in categorical terms.' (Professor H.W.R. Wade) -

Is this an accurate explanation of the distinctive nature of law and convention in relation to the British constitution?

Answer: Dicey probably gave the most accurate description of what conventions actually are when he stated that "conventions [are] understandings, habits, or practices...


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  • Subject: Law
  • Course: English Legal System
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1373
  • Date submitted: April 25, 2008
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 2687

Question: Using actual situations describe the elements of actus reus and mens rea in criminal law. Comment on the importance of those two elements in relation to murder and manslaughter.

Answer: Criminal Law, branch of law that defines crimes and fixes punishments for them. Also included in criminal law are rules and procedures...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 9997
  • Date submitted: July 07, 2009
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1806

Question: Critically evaluate the defence of provocation

Answer: Provocation is a specific defence, only available for murder, and is defined under s3 of the homicide Act 1957. The definition of...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 654
  • Date submitted: July 04, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 1764

Question: “Whist ultimately the courts and case law will resolve any dispute which arises, Financial Services and the Financial Services sector have skilfully employed contract law at every opportunity in an endeavour to ensure disputes can be avoided.” Assess the accuracy of this claim.

Answer: The courts have up held the law and have administered justice in this country using case law, case law’s assistance helps courts...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1707
  • Date submitted: July 04, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 1763

Question: Laura Plc has an issued share capital of £500,000 divided into 400,000 £1 ordinary shares and £100,000 £1 preference shares. The articles of association of Laura Plc provide that the holders of the preference shares shall be entitled to an annual dividend of 15% in preference to the ordinary shareholders. The articles also provide that the rights attached to any shares shall be deemed to be varied by the reduction of capital paid up on those shares. Advise the board of directors who at the moment feel that the company has too much capital and wishes to pay off the preference shares at par in reduction of capital. The preference shares stand at £1.25 in the market.

Answer: Ever since the historic decision of Salomon v Salomon [1897] AC 22 the courts have struggled to give cognisance to existing economic...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1388
  • Date submitted: July 02, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 1731

Question: Duty of care – CASE STUDY
On 1st April 2000, Drake a yachtsman was sailing off the coast of Devon, when he got into severe difficulties due to severe weather. Drake sent a radio message to the Devon Coastguard service........In the context of an appeal to the house of lords recommend a judgement on this case along side your legal argument and relevent case law.

Answer: My Lords, the most commonly adopted starting point, when the Court embarks upon the enquiry into whether a duty of care should...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2424
  • Date submitted: February 12, 2009
  • Date written: October, 2001
  • References: Yes
  • Document type: Essay*
  • Essay ID: 792

Question: “The standard practice defence allows too many careless professionals to avoid liability.” Discuss.

Answer: I will be exploring in this essay the manner in which professionals can avoid liability by using the defence of standard practice....


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 2598
  • Date submitted: February 12, 2009
  • Date written: April, 2004
  • References: Yes
  • Document type: Essay*
  • Essay ID: 791

Question: “The English Law on when damages can be claimed for psychiatric harm is largely incoherent. The best solution would be either to abolish the right to make such claims altogether or to remove the inconsistencies in the current law.” Discuss.

Answer: The English law’s approach to the notion of psychiatric harm, often derogatorily named nervous shock, has tried to find its way in...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2152
  • Date submitted: February 12, 2009
  • Date written: March, 2004
  • References: Yes
  • Document type: Essay*
  • Essay ID: 790

Question: Explain the criteria needed for a successful negligence action.

Answer: Negligence in law is a tort, which is a civil wrong and is one of the most important torts in modern law....


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2374
  • Date submitted: February 12, 2009
  • Date written: October, 2002
  • References: Yes
  • Document type: Essay*
  • Essay ID: 789

Question: "The tort of negligence is quite young by the standards of the common law, but it has thrived so mightily and grown so lusty that one could be forgiven for wondering whether there was any room left for any other tort at all. Negligence is always trying to edge out the other torts in the hope of elevating into a completely general and comprehensive principle its own proposition that it is actionable unreasonably to cause foreseeable harm to another." Discuss the accuracy of this statement.

Answer: A tort first of all is basically a civil wrong where it is the job of the law of tort to “differentiate...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1907
  • Date submitted: February 12, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 788

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