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Question: Trusts Law 2018/19 Formative assessment

Please answer the following question:
Scenario: Mandy died in March 2018. In her lifetime she worked for a large, multinational corporation that specialised in the sale and distribution of books. She loved rare books, and had assembled a valuable book collection. She owned 1500 ordinary shares of £1 each in Owl Publishing. She also owned a substantial sum of money.

In November 2017, knowing that her illness was terminal, Mandy wrote a letter to Renata, instructing her to give £25,000 to Mandy’s long-lost love, Ulysses. Mandy placed the letter in an envelope, sealed the envelope, and put it safely away in her desk. Later that day, she executed her last will.

The letter was found and read by Renata after Mandy’s death.
Advise Mandy’s executors on the validity of the following bequests in Mandy’s will:
. (a) £1,000 to keep my dog Sandy in the style to which she has become accustomed;

. (b) £25,000 to Renata, to whom I have communicated my wishes;

. (c) 700 of my shares in Owl Publishing to Oliver;

. (d) my executors to hold my book collection on trust in equal shares for the book- lovers of Newcastle upon Tyne;

. (e) my executors to hold for the benefit of my godson, Trevor, whatever portion of my residuary estate is necessary to put Trevor through university.

Answer: This essay will assess the validity of the bequests provided by Mandy’s testamentary trust. An express trust has been created by virtue...


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  • Subject: Law
  • Course: Equity and Trust Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1495
  • Date submitted: May 19, 2019
  • Date written: May, 2019
  • References: Yes
  • Document type: Essay*
  • Essay ID: 8668

Question: ‘The law on mortgages is too heavily weighted in favour of protecting mortgagees. This is because the law fails to properly account for the development of a distinct concept of purchase- price mortgages of residential homes, and thus remains focused on dealing with disputes between commercial parties.’

Critically analyse this statement.

Answer: The English law on mortgages is the subject of endless academic and socio-political debate. As mortgages are a crucial path to land...


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  • Subject: Law
  • Course: Land Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1541
  • Date submitted: May 19, 2019
  • Date written: March, 2018
  • References: Yes
  • Document type: Essay*
  • Essay ID: 8664

Question: ‘Given that the doctrine of frustration applies to commercial contracts, sections 6 and 7 of the Sale of Goods Act 1979 are unnecessary and serve only to overcomplicate the law.’ Discuss.

Answer: At the heart of all English law regarding contracts and commercial transactions is the principle of sanctity of contract and the Court’s...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1491
  • Date submitted: May 19, 2019
  • Date written: March, 2018
  • References: Yes
  • Document type: Essay*
  • Essay ID: 8663

Question: “A duty of care arises not merely when damage is reasonably foreseeable, but when it is just and reasonable to impose liability.”

Discuss how this statement applies within the various areas under the law of negligence.

Answer: Every man ought to take reasonable care that he does not injure his neighbor. A duty of care is an indispensable tool...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 4032
  • Date submitted: May 17, 2019
  • Date written: January, 2018
  • References: Yes
  • Document type: Essay*
  • Essay ID: 8658

Question: ‘The doctrine that was affirmed by the House of Lords in the case of Salomon v Salomon & Co. cannot be challenged. It is too important for the courts to ignore.”

Discuss the relevancy of the statement above.

(Limit your answer for private limited companies (company limited by shares) only.)

Answer: 1.0 Introduction Answer: In the late nineteenth century, Salomon’s plight in the House of Lords has given rise to the birth of...


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  • Subject: Law
  • Course: Company Law
  • Level: Degree
  • Year: 1st
  • Mark: 68%
  • Words: 3586
  • Date submitted: May 17, 2019
  • Date written: January, 2018
  • References: Yes
  • Document type: Essay*
  • Essay ID: 8657

Question: ‘A more rigorous regime has been enacted in Schedule 6 to the Land Registration Act 2002. Its effect makes it much harder for a squatter who is in possession of registered land to obtain title to it against the wishes of the proprietor.’ (Lord Hope JA Pye v Graham [2003] 1 A.C. 419, 446)

With reference to the relevant statutory provisions and case law, discuss how far these legislative reforms will achieve a balance between the rights of the owner of the paper title and those of the squatter?

Answer: 1.0 Introduction However, the legalization of adverse possession carries the purpose to ensure the full economic and social utilization of land. Adverse...


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  • Subject: Law
  • Course: Land Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 65%
  • Words: 3050
  • Date submitted: May 17, 2019
  • Date written: January, 2018
  • References: Yes
  • Document type: Essay*
  • Essay ID: 8656

Question: Formative assessment (2)
Problem Question

Stavros and Freya each own land in a local village. Stavros originally ran a horticultural business from his property, Wellsummer Manor. Wellsummer Manor comprises a large house and surrounding fields. Freya owns the nearby farm, Freymeadow Farm, where she has enough space to keeps sheep and goats. The titles to Wellsummer Manor and Freymeadow Farms are unregistered.

Years ago, Freya bought a herd of buffalo. There was not enough room for the buffalo on Freymeadow Farm. Stavros allowed Freya to use his land so the buffalo could roam more freely. In 2003, Stavros and Freya entered into a year-long agreement to that effect, on the understanding that the agreement would be renewed. Stavros’s business began to suffer so he stopped trading and went backpacking around the world. As a result, the agreement between Stavros and Freya was never renewed but Freya continued using Stavros’s land. She even erected signs that say ‘Freya’s Buffalo Ranch’.

Earlier this year, Stavros returned from his travels, having run out of money. Stavros now realises that his land must now be worth substantially more than when he purchased it. He wishes to sell the land to release capital but Freya insists that she and her buffalo are entitled to stay put.

(a) Advise Freya.
(b) How, if at all, would your advice differ if the title to Wellsummer Manor were registered?

Answer: This problem question discusses the issue of adverse possession. This is a method of gaining legal title to real property by the...


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  • Subject: Law
  • Course: Land Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 993
  • Date submitted: April 03, 2019
  • Date written: January, 2019
  • References: No
  • Document type: Essay*
  • Essay ID: 8636

Question: Reflective Portfolio: negotiating and client interviewing within the legal profession.

Answer: During large group sessions and workshops in semester one, I studied the skill of negotiating and client interviewing within the legal profession....


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  • Subject: Law
  • Course: Legal Practice Course
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1538
  • Date submitted: April 03, 2019
  • Date written: January, 2019
  • References: No
  • Document type: Essay*
  • Essay ID: 8635

Question: Land Law Formative Assessment

The Native Title Act 1993 has failed to achieve its aims. Discuss.

[26.11.18]

Answer: In the 1992 Mabo v Queensland decision, the High Court recognised that the Meriam People of the Torres Strait held native title...


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  • Subject: Law
  • Course: Land Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 905
  • Date submitted: April 03, 2019
  • Date written: November, 2018
  • References: No
  • Document type: Essay*
  • Essay ID: 8634

Question: Please comment on the following summary of this ITIF report on mobile zero rating. Critically analyse its content with reference to our course materials.

Information Technology and the Law (IT Law)
LLB Law
Year 2
London School of Economics and Political Science
Essay mark: 66% (2:1)

Mobile Zero Rating: The Economics and Innovation Behind Free Data.
By Doug Brake - May 2016
SUMMARY
Zero-rating programs, which allow consumers to access certain Internet content and services without it counting against their monthly data plans, have proven polarizing, being met with reactions ranging from derision to praise. The crux of the controversy is whether the practice of zero rating violates the spirit of network neutrality principles. Strictly speaking, zero-rated data is treated differently than other data in a way that influences consumer behavior. But adhering to such a strict interpretation of net neutrality would be misguided. Zero-rating products are unlikely to harm the open Internet; instead they are a sign of healthy product differentiation that more efficiently allocates scarce resources in a competitive market, ultimately improving consumer value. The Federal Communications Commission—along with other regulators around the world—is examining zero rating, and while its case-by-case approach to overseeing these programs is sound, telecom regulators should make it clear that they believe nonexclusive zero-rating programs are in the public interest.
Zero rating is being rolled out, by major carriers in the United States and around the world. Zero rating offers a number of benefits.
First, it is good economics to help advance innovation in information technology markets. Where both content or “edge” firms as well as network operators make large investments in establishing platforms that have relatively low marginal costs, and gain value with each additional user, zero rating can help bring new customers into a firm’s customer base, enhancing the value of the product, and providing additional revenues to defray the investment for additional innovation.
Second, zero rating is an important tool to expand access to information, particularly in developing countries. As of 2015, mobile broadband networks covered about 78 percent of the world’s population, but only 43 percent were actually using the Internet. That 35 percent—some 2.5 billion people—who have access to mobile networks, but choose not to subscribe, could be given the opportunity, with zero-rating programs, to connect at a relatively low cost.
Third, zero rating is generally pro-competitive. There is little difference between zero rating and common-place discounts that sellers provide through middlemen that everyone accepts as normal, like toll-free 800 numbers. Zero rating allows for differentiation of company offerings, both at the application layer and between competing carriers. This ability to differentiate services tends to most benefit maverick firms that change the terms on which firms compete, and allows new applications a foothold to get discovered.
Fourth, consumers enjoy zero rating plans, and appreciate the ability to use zero-rated apps without having to worry about their data limits. We should celebrate when competitive markets work to provide consumers more of what they want. Critics argue that zero rating is against the public interest, but the bar for arguing that the public interest directly contravenes consumer preference should be a high one.
Fifth, zero rating programs can lead to more efficient use of networks if they zero-rated services use fewer bits than a non-zero rated version while having essentially no diminution of quality and customer experience.
Lastly, zero rating can help facilitate more efficient advertising, leading to more transactions online, boosting economic growth and adding fuel to continued growth in the advertising supported Internet.
These programs are a win for “edge” video providers, who see more use of their products and services. They are also a win for network operators, who are working to gain market share and explore new business models to meet demand. And most importantly, they are a big win for consumers, who end up getting more for less.

Answer: The big question that arises in net neutrality debate is should we regulate the Internet, or should we not, as zero-rating is...


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  • Subject: Law
  • Course: I.T. and the Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 66%
  • Words: 750
  • Date submitted: December 02, 2018
  • Date written: November, 2018
  • References: Yes
  • Document type: Essay*
  • Essay ID: 8574

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