All Categories of Degree Level Law

Question: Is the Doctrine of Double Effect legalising Euthanasia by the back door?

Answer: In order to fully discuss this question, the definitions of both double effect and euthanasia must be established and the medical, moral and legal aspects compared. Lord Edmund Davies surmised how these aspects may lead to radically different interpretations when he stated that “killing both pain and patient may be good morals but it is far from certain that it is good law.” In light of t......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Fuller writes of Austin: ‘Over and over again he teeters on the edge of an abandonment of the command theory… Yet he never takes the plunge. He does not take it because he had a sure insight that it would forfeit the black-and-white distinction between law and morality that was the whole object of his Lectures…’ (Lon L. Fuller, “Positivism and Fidelity to Law – A Reply to Professor Hart” (1958) 71 Harv. L. Rev. 630, p 640). Does this comment identify a weakness in legal positivism generally?

Answer: “Everything’s got a moral, if you can only find it”, wrote Lewis Carroll . Alice has a sure insight into the beliefs of natural lawyers, but to many positivists she is operating in a wonderland. Morality, according to positivist theories, is distinguished from questions of law. Many argue, however, that this overlooks the fundamental foundations of legal systems and legal validity, which are......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: \'In developing the doctrine of supremacy of European law, the European Court of Justice acted in a manner that was not only justified, but moreover indispensable to reach the fundamental objectives the Member States had agreed upon in the Treaty of Rome.\' Do you agree?

Answer: The European Court of Justice has asserted that “the essential characteristic of Community [law is] its primacy over the law of the Member States” , and has justified this statement in terms of its obligation to give effect to the intention of the Member States and the objectives of the Treaty . This paper will use technical and theoretical analysis to determine whether or not the Court was ju......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘The decision of the Court in Williams v Roffey Bros [(1991)1 QB 1, Court of Appeal ] which suggests that performance of an existing (contractual) duty can constitute consideration where it results in ‘practical benefit’ to the promisor creates further ambiguity in the scope of consideration in English contract law’. Discuss.

Answer: ‘The doctrine of consideration is all about ‘selecting those agreements to be given the ‘badge of enforceability’.[1] Put simply, in English law in order for an agreement to be binding it is essential that it is supported by what is called consideration. That constitutes a simple contract. Consideration is based upon the idea of ‘reciprocity’[2]: a promisee will not be able to enfor......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘The measure of success of any law of the termination of employment is the extent to which re-employment is attained where appropriate. By this measure, the law of both wrongful dismissal and unfair dismissal must be judged a failure.’ Critically discuss the above statement.

Answer: When the Industrial Relations Act 1971 introduced a right to claim unfair dismissal, it filled a sorry gap in the common law. Unlike civil law systems, the courts had not qualified the presumption in contracts of employment that an employer could dismiss an employee for any reason whatsoever, in any manner the employer chose, provided that reasonable notice was given. The Act permitted employees t......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Geraldine has executed a trust deed in respect of part of her large fortune. She also made a Will six months before she died........Advise the potential beneficiaries in relation to the distribution of Geraldine\'s Estate, setting out the equitable principles and supporting your advice with authorities.

Answer: For me to advise the potential beneficiaries in relation to Geraldine’s estate, I will have to look at the equitable principles and supporting authorities. “A trust arises where ownership of property is transferred by a person, to trustee to be managed or dealt with for the benefit of the beneficiaries or a charitable purpose; such property is not part of the trustees’ patrimony but is a ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Outline the development of the Law of Evidence with reference to the evidence of spouses.

Answer: To be compellable, a witness must first be competent. A witness is competent where he can be lawfully called to give evidence, and is compellable if he has a legal obligation to do so . As a general rule, all witnesses are compellable for all parties. In civil proceedings, the only exception to this is the non-compellability of the former spouse of a deceased person . Therefore, the discussion......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: To what extent has the European Court of Justice become a political organ?

Answer: The European Court of Justice (hereafter ECJ) was established in Article 7 of the Treaty of Paris in 1952. It comprises of fifteen judges, one selected by the Government of each Member State , and eight Advocates General “whose independence is beyond doubt” . Its role is to “ensure...Treaty…law is observed” . Its two main objectives are to promote the uniformity and effectiveness of E......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Advanced EU – Presentation, Publishers Association v. Commission (1995)

Answer: The Case I have chosen to discuss is: Publishers Association v. Commission (1995). The case was decided in January 1995 and was an appeal from the judgement of the court of first instance, which had previously upheld the decision of the Commission not to grant the publishers association an exemption (under Art. 81(3)) from an Art. 81 prohibition on anti-competitive measures. Or more specifically, ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: “Whenever the European Community agrees a new consumer Directive the government generally implements it in the form of Regulations, which then have to lie uncomfortably alongside pre-existing domestic legislation. The government is, by so doing, taking a short-sighted approach to a long-term problem. The government’s approach leads to complexity and inconsistency and those areas of law affected are in need of a complete overhaul.” Critically analyse this statement with reference to: Unfair terms.

Answer: In 1975 the European Commission’s first draft proposal on unfair terms in consumer contracts appeared but it was nearly twenty years before the contents of the Directive were finally agreed and the UK introduced the Directive by means of the Unfair Terms in Consumer Contracts Regulations 1994. The Directive has attracted a fair amount of interest and its implementation in the UK has been the s......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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