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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

Question: The United Kingdom’s doctrine of parliamentary sovereignty is a relic of the past and has no place in a modern European state.

Critically evaluate the accuracy of this statement.

Answer: In order to make an appraisal of the accuracy of this statement there are several areas to consider. Almost every day the...


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  • Subject: Law
  • Course: Public Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2147
  • Date submitted: February 12, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 762

Question: How do the conceptions of parliamentary sovereignty affect the relationship between the courts and parliament?

Answer: Together Parliament and the courts comprise the backbone of the English legal system; the common perception being that parliament initiates and codifies...


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  • Subject: Law
  • Course: Public Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1522
  • Date submitted: February 12, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 761

Question: Outline the case for retention of the Monarchy within the British state. How, if at all, and why might the role of the Monarchy be changed?

Answer: For some the monarchy stands as the embodiment of unity for the British state. It remains today as a focal point of...


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  • Subject: Law
  • Course: Public Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 3528
  • Date submitted: February 12, 2009
  • Date written: December, 2002
  • References: Yes
  • Document type: Essay*
  • Essay ID: 758

Question: "The whole office of the Lord Chancellor is a heap of anomalies. He is a judge, and it is contrary to obvious principle that any part of administration should be entrusted to a judge; it is of very great moment that the Lord Chancellor, our chief judge, sits in the cabinet, and makes party speeches in the House of Lords."

(Walter Bagehot, The English Constitution, 1867).

Would the abolition of the office of Lord Chancellor resolve the anomalies that attach to the UK doctrine of the separation of powers?

Answer: The concept of the reformation of the United Kingdom's constitution occurred when the Prime Minister Tony Blair came into power in 1997...


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  • Subject: Law
  • Course: Public Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1615
  • Date submitted: February 11, 2009
  • Date written: May, 2004
  • References: Yes
  • Document type: Essay*
  • Essay ID: 756

Question: Assume the following facts. The Labour Government is committed to the creation of regional assemblies – a policy that is strongly opposed by the Conservative Party. A Lancashire Parliament is created by the enactment of The Lancashire Parliament Act 1999. Three years later, following a General Election, the Conservative Party is returned to power with a small majority of seats in the House of Commons over the combined opposition parties. The new Prime Minister wishes to secure the repeal of the Lancashire Parliament Act 1999. It appears that, in order to establish the Lancashire Parliament on a firm footing, the Labour Government had introduced a provision in the 1999 Act-section 13- in order to forestall the possibility of its repeal.

Advise the Conservative Prime Minister (who wishes to secure the immediate repeal of the Lancashire Parliament Act) on the basis that section 13 is set out in the following alternative terms:

1) “This Act of Parliament may never be repealed”
2) “This Act of Parliament may not be repealed for a period for at least ten years from the date of its entry into force.”
3) “This Act of Parliament may be repealed only if the repealing measure gains a two-thirds majority on its third reading in the House of Commons”
4) “This Act of Parliament may only be repealed if, in addition to gaining the assent of the crown, the House of Lords, and the House of Commons, the repealing measure has the written assent of three quarters of the residents of Lancashire”

Further more, if the Lancashire Parliament Bill had contained any of the above provisions, would the Queen have been entitled to refuse the Bill of Royal Assent.

Answer: There are four different provisions given in the questions, but I think all those four provisions will end up with the same...


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  • Subject: Law
  • Course: Public Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 2083
  • Date submitted: February 11, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 754

Question: CASE STUDY

Ann has become pregnant at the age of 40. On the advice of her doctor she underwent an amniocentesis at Erewhon General Hospital. Claire, a doctor employed by Erewhon General Hospital to carry out diagnostic tests, negligently failed to ascertain that Ann’s foetus suffered from a chromosomal disorder indicating Down syndrome. Ann gave birth to Ben, who did in fact suffer from Down syndrome. Had Ann been advised correctly about the results of the amniocentesis she would have been given the option of a lawful abortion, and would have taken that option.

Advise Ann on her claim against Erewhon General Hospital for the full costs of bringing up and looking after Ben for the duration of his expected life i.e a wrongful birth claim, and Ben on his claim against Erewhon General Hospital for the loss he has suffered in living his life in his disabled condition i.e a wrongful life claim.

Answer: Todd (2005: 370) argues that a claim for wrongful birth involves sharply competing questions of policy and principle. The principle of distributive...


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  • Subject: Law
  • Course: Medical Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1941
  • Date submitted: February 11, 2009
  • Date written: January, 2005
  • References: Yes
  • Document type: Essay*
  • Essay ID: 744

Question: To what extent should the law concerning the recovery of damages in negligence for psychiatric illness be liberalized?

Answer: In this essay we are asked to discuss the issue of recovery of damages in negligence for psychiatric illness and to what...


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  • Subject: Law
  • Course: Medical Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2664
  • Date submitted: February 11, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 743

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