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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

Question: Mumbridge plc is a pharmaceutical company manufacturing a range of pharmaceutical products including Zaba, a pill, which is sold to University lecturers to boost their energy levels. The Zaba is sold exclusively via a chain of chemists shops Tilalot Ltd. Tilalot is a wholly owned subsidiary of Mumbridge plc. James a lecturer has purchased the Zaba from the Cambridge branch of Tilalot Ltd and used it according to the instructions on the packet for 12 months. James likes to drink al least five cups of coffee a day. He recently suffered a nervous breakdown and is not expected to make a full recovery. Newly published research has shown that the Zaba can cause depression if taken by someone drinking more than four cups of coffee a day.

1) Explain the three elements of the tort of negligence and advise Mumbridge plc whether it is likely to be liable to compensate James who claims the company has been negligent.

2) Describe the provisions of the Consumer Protection Act 1987, which relate to product liability, and advise Mumbridge plc whether it is likely to be liable to compensate James who claims the company have sold him a defective product which has caused him injury. Would your answer be different if James was a lecturer at a German University and he had purchased the product from a German subsidiary of Mumbridge?

Answer: A tort can be defined as a civil wrong. This means that it is behaviour that causes harm to a person, his...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2591
  • Date submitted: February 12, 2009
  • Date written: March, 2001
  • References: Yes
  • Document type: Essay*
  • Essay ID: 787

Question: “The sources of governmental power in the United Kingdom are, by their nature and substance, quite undemocratic.” Discuss.

Answer: The following expressions can be extracted from the term ‘government’ as the ‘ government comprising of persons or a person authorised to...


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  • Subject: Law
  • Course: Public Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 2837
  • Date submitted: February 12, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 777

Question: Critically assess the effectiveness of the electoral system used to elect the Scottish Parliament.

Answer: The Government stated in their White Paper, ‘Scotland’s Parliament’ that “[a] constituency link will be the essential foundation of the new Scottish...


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  • Subject: Law
  • Course: Public Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 2428
  • Date submitted: February 12, 2009
  • Date written: February, 2003
  • References: No
  • Document type: Essay*
  • Essay ID: 775

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