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Question: The ultra vires doctrine

Answer: When a power vested in a public authority is exceeded, acts done in excess of the power are invalid as being ultra...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 4654
  • Date submitted: January 31, 2009
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 492

Question: The Problems Associated with the Assessment of Risk in the context of Insurance.

Answer: Risk assessment is used in an effort to quantify risk - the chance of negative consequence. Insurance firms or underwriters use risk...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2252
  • Date submitted: January 31, 2009
  • Date written: March, 2003
  • References: Yes
  • Document type: Essay*
  • Essay ID: 491

Question: The Postal Acceptance Rule: Should we follow in Scotland’s steps?

Answer: The controversial Anglo-American postal acceptance rule has been under much discussion since the subject’s first well-known appearance in Adams v. Lindsell[1] in...


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  • Subject: Law
  • Course: English Legal System
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1606
  • Date submitted: January 31, 2009
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 490

Question: ‘The English law on vicarious liability is the best compromise which could have been reached between the needs of tort victims for compensation and the freedom of businesses to operate without excessive burdens.’
Evaluate the cogency of this statement.

Answer: An employer is responsible for damage caused by the torts of his employees acting in the course of employment. This is known...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1376
  • Date submitted: January 31, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 488

Question: ‘Liability for breach of contract is distinguished from liability in tort in that: i) the duties are primarily fixed by law, while on contract they are fixed by the parties themselves; and

ii) in tort the duty is towards persons generally while in contract is towards a specific person or persons’ (Winfield).

Discuss. Is it still viable today to maintain a distinction between contract law and tort?

Answer: A difficulty lies in locating the law of contract within the spectrum of civil obligations. Contract law is in essence based upon...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2447
  • Date submitted: January 31, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 479

Question: The Decision Made by Rougier J in Bernstein v Pamson Motors can lead to fundamental injustice for buyers of goods. Discuss.

Answer: In a Sales of Goods Contract both the seller and the buyer are placed under certain obligations, that is to say they...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2643
  • Date submitted: January 30, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 474

Question: Traders and the sales of Goods Act

Answer: The Sale and Supply of Goods Act 1994 applies to contracts made on or after January 3, 1995. It has made changes...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 3000
  • Date submitted: January 30, 2009
  • Date written: June, 1996
  • References: No
  • Document type: Essay*
  • Essay ID: 472

Question: COMPANY LAW AND THE RIGHTS OF SHAREHOLDERS

Answer: Director’s duties exist to protect shareholders from the risk of directors causing harm to the company or its property. The risk arises...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 4226
  • Date submitted: January 30, 2009
  • Date written: July, 2004
  • References: Yes
  • Document type: Essay*
  • Essay ID: 470

Question: Limited Liability Partnerships (“LLPs”) were introduced in 2000 in the expectation that there would be great commercial demand for them. This has turned out not to be the case. In practice, LLPs are found mostly in the accounting profession, though some solicitors’ firms have adopted the LLP status.

Explain the differences between partnerships and LLPs while considering the advantages, if any, that LLPs may have over other forms of business vehicle.

Finally, consider why the demand for them has not been as great as anticipated and the extent to which LLPs are in fact necessary.

Answer: The Limited Liability Partnerships Act 2000 received Royal Assent on 20th July 2000, and came into influential existence on the fourth month...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1849
  • Date submitted: January 30, 2009
  • Date written: October, 2004
  • References: Yes
  • Document type: Essay*
  • Essay ID: 469

Question: ‘In a large listed company, there are no effective restrictions on the conduct of the directors compelling them to behave in the interests of shareholders or stakeholders.’

Discuss.

Answer: As the number of shareholders increases within a company, it is almost impossible for all the shareholders to be involved in the...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 940
  • Date submitted: January 30, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 468

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