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Question: TMA 03 The Law reform (frustrated contract) Act 1943 has addressed the inadequacy of common law when dealing with the apportionment of loss between parties. Evaluate this statement.

Mark 75%, W202 Contract law and tort law

Answer: To evaluate this statement, we need to look at what is a frustrated contract and what are accepted as frustrations to the contract. Also, look at the common law that was used...


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Details: - Mark: 75% | Course: Contract Law | Year: 2nd/3rd | Words: 2484 | References: Yes | Date written: December, 2016 | Date submitted: March 08, 2017 | Coursework ID: 1007

Question: ‘While defenders of the jury look to its symbolic role, those who wish it reformed look to efficiency; both arguments are partial. The jury is both symbolically important and effective.’ Discuss.

Answer: The concept of jury system was imported into Britain after the Norman Conquest. Justice Walker in the case of State of New Jersey v James, defined jury as a body of twelve...


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Details: - Mark: Not available | Course: English Legal System | Year: 1st | Words: 2110 | References: No | Date written: Not available | Date submitted: March 08, 2017 | Coursework ID: 1006

Question: Part I: Employment Tribunal Visit (1000 words)

Part II: Employment Tribunal Procedure (1000 words)
Toby Washington was employed as a research scientist by Chemlabs plc. Mr. Washington was dismissed summarily by Chemlabs plc following an investigation into allegations of theft. The investigation into Mr. Washington’s conduct was carried out by senior management in a thorough and professional manner and in accordance with the appropriate procedural requirements. The management uncovered firm evidence that Mr. Washington had committed gross misconduct as defined by the company’s disciplinary procedures, the sanction for which is instant dismissal. During the disciplinary hearing Mr. Washington stated that that he was being falsely accused for raising concerns about the procedure Chemlabs uses for disposing of hazardous waste materials. He asked Chemlabs if it wanted the issue to be reported to the relevant authorities or made public.

Chemlabs plc believe that any complaint against them is wholly without merit. It has no record of Mr. Washington ever raising concerns about the disposal of hazardous waste and it believes that Mr. Washington is motivated by the prospect of extracting a financial settlement from the company. Chemlabs plc is concerned that, notwithstanding the apparent weakness of a potential claim, Mr. Washington’s claim may cause unwanted publicity and unnecessary bureaucracy for the company.

Advise Chemlabs plc. on Employment Tribunal procedures should Mr. Washington complain to a tribunal. How can the company prevent the case proceeding to a full hearing and explain the advantages and disadvantages of the different options available to them in this respect. The company also seek advice on how to minimise adverse publicity for the company should the case proceed to a Tribunal. Please note, this assignment requires you to demonstrate knowledge and understanding of Employment Tribunal procedure and not the substantive law on unfair dismissal.

Mark - 72
Coursework 1 - Employment Law (Year 3)

Answer: Part 1 – Facts Mrs Arnold was looking to bring a claim against her former employer, Rosol Limited, in relation to a breach of contract amounting to unpaid wages and a redundancy...


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Details: - Mark: 72% | Course: Employment Law | Year: 2nd/3rd | Words: 2571 | References: Yes | Date written: November, 2016 | Date submitted: February 15, 2017 | Coursework ID: 1003

Question: Dora died earlier this year, leaving a valid will appointing her husband Edwin and her friend Fiona as her trustees and giving all her estate to them to be held on trust ‘for Edwin during his lifetime and then for such of my children Alice, Boris and Cassandra who reach 21 and if more than one in equal shares’. The will contained no other provisions. Alice, Boris and Cassandra are Dora’s children by an earlier marriage. Alice is now 23, Boris is 18 and Cassandra is 15. The trust fund was worth £600,000 when Dora died.

Fiona speaks to her writer friend Gerald who has made a substantial amount of money from his own investments. He recommends that the trustees should invest £150,000 of trust money in an investment portfolio which subsequently increases in value to £300,000 and another £150,000 in shares in Sound Plc. The remainder of the trust fund is put into a bank account. Sound Plc goes into insolvent liquidation a few months later and the shares therefore become worthless.

Edwin does not particularly like Dora’s children and he has a poor relationship with them. Recently Alice asked the trustees for £40,000 from the trust to enable her to set up a dog grooming business. Boris is about to go to university in London to study politics and he has asked the trustees if he can have some money from the trust to help him with living expenses.

Partly as a result of their poor relationship with Edwin, Alice and Boris are now considering whether it would be possible to end the trust and divide the trust fund between the beneficiaries.

You are asked to provide practical legal advice, specifically addressing the above facts and appropriately citing all relevant authority in answering the following questions, which carry equal weight:

(a) Whether the trustees have acted lawfully in making their investment decisions and what consequences may follow if not

(b) Whether Alice and Boris can receive help from the trust, as requested

(c) Whether, and if so how, your answer to (b) would be different if Edwin has now died

(d) Whether the trust can be ended and if so, how this could be achieved. You may assume for this part of the question that the facts are as in part (c) above.

Mark - 65%
Coursework 2 - Equity and Trusts (Year 2)

Answer: The issue relates to the power and duties of trustees. The trust grants Dora’s estate to Edwin for life, meaning he has a life interest and benefits from the income generated by...


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Details: - Mark: 65% | Course: Equity and Trust Law | Year: 2nd/3rd | Words: 2180 | References: Yes | Date written: November, 2016 | Date submitted: February 15, 2017 | Coursework ID: 1002

Question: With reference to relevant legislation and the case law of the Court of Justice of the European Union, critically discuss the significance of the status of Union citizenship for free movement rights.

Mark: 72%
EU Law (Year 2)

Answer: The original aim when forming the European Union (EU) was to facilitate economic integration within an internal market. The parameters for the internal market was set out in Article 26 of the...


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Details: - Mark: 72% | Course: European Union Law | Year: 2nd/3rd | Words: 2199 | References: Yes | Date written: November, 2016 | Date submitted: February 15, 2017 | Coursework ID: 1001

Question: eTMA 05 ‘Hearings are too complicated for the jury person. To ensure a fair hearing they should be conducted before a professional decision maker such as a judge or an arbitrator.’

Assess the accuracy of this statement.

W100 Rules, rights and justice: an introduction to law

Includes essay plan.

Answer: The aim of this assignment is to assess the accuracy of the statement ‘hearings are too complicated for the jury person. To ensure a fair hearing they should be conducted before a...


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Details: - Mark: Not available | Course: English Legal System | Year: 2nd/3rd | Words: 2000 | References: Yes | Date written: Not available | Date submitted: January 16, 2017 | Coursework ID: 1004

Question: Offer and Acceptance
Question: On 1st May Aga decides to sell her collection of pots. She places an advert in the local paper, ‘Beautiful Arden pot for Sale. £500 or nearest offer.’ She includes her telephone number, email address and postal address on the advert. On 2nd May Beatrice emails Aga saying, ‘I will buy the pot for £450.’ Aga replies saying, ‘I will take £475 but please let me know by 5pm today as another customer is calling to see the pot tomorrow.’ Beatrice immediately emails back asking if Aga will accept payment by cheque. By 4.30pm she has not heard from Aga so sends a further email to say she will buy the pot for £475. Aga’s internet connection is lost that afternoon and Aga does not get this email until it is reconnected on 5th May. On 3rd May Chad calls Aga and says he will buy the pot for £400 but Aga says she would not take less than £475. Chad says he will think about this. Later that day Chad writes to Aga saying he will pay £475 but the letter is misaddressed and never arrives. On 4th May Aga sells the pot to Didier for £500. Didier, a friend of Beatrice, meets her on 5th May and tells her of his luck in getting the pot. Beatrice is upset as the pot would complete her Arden Collection.

Advise Aga.

Answer: In order to advise the Aga as to whether a legally binding agreement exists, all the information provided and the issues in contention are to be taken into consideration. From the face...


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Details: - Mark: Not available | Course: Contract Law | Year: 1st | Words: 1479 | References: No | Date written: Not available | Date submitted: December 27, 2016 | Coursework ID: 1000

Question: Model answer on misrepresentation
Question: Claudine is a builder and requires materials for a conservatory roof she is building. She is informed by Roofit & Co that they can provide the materials and suggest that Claudine use glass incorporating the latest technology: glass that is only 5mm in thickness but which provides all the heat and security benefits of glass that is 50mm in thickness. In order to ensure that this glass is appropriate for the conservatory roof, Claudine telephones the glass manufacturers, Pilkers Ltd, and their salesman confirms its suitability. Roofit & Co possess the most recent manual for this type of glass which notifies the reader that this glass is not suitable for conservatory roofs. However, Roofit & Co have never read this manual. Claudine also has a copy of this manual but has never read it either. Claudine is impressed by this type of glass and decides to order all her materials from Roofit & Co, who offer her a 20% discount for a bulk order. However, after fitting it to the roof, a bird sits on the glass and the glass shatters into pieces, falling onto Claudine and injuring her badly. She is prevented from working for six months and her customer refuses to pay. This leads to Claudine losing a lucrative contract and future business.

Advise Claudine on her claim against Roofit & Co.

Answer: My advice to Claudine on her claim against Roofit & Co would depend on the contentious issues surrounding the false statement(s) made by them, on which Claudine relied upon and subsequently suffered...


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Details: - Mark: Not available | Course: Contract Law | Year: 1st | Words: 1928 | References: No | Date written: Not available | Date submitted: December 26, 2016 | Coursework ID: 999

Question: “Power corrupts and absolute power corrupts absolutely” – Lord Acton.

Explain the given statement in light of the doctrine of the separation of powers. Discuss the definition, history, the concept, overlaps, checks and balances and relevant cases and legislation. Explain further by comparing other jurisdictions.

Table of content
• Table of content…………………………………………………………….…….1
• Constituents of a Criminal liability……………………………………...2
• Components of an actus reus………………………………………….…..2
• General rule of omission……………………………………………………...2-3
• Duty to act of doctor for patient…………………………………..……3-4
• Duty to act arising from a special relationship…………………..4-6
• Assumption of care for another………………………………………….6-7
• Duty arising out of contract or public duties…………………….7
• Duty arising out of statute……………………………………………..….7-8
• Duty arising out of creation of a dangerous situation.…….8-9
• Social implications…………………………………………………….………9-10
• Legal implications………………………………………………………..…..10
• Moral implications…………………………………………………………..10-11
• Economic implications..................................……………….….11-12
• Distinguishing an act from an omission………………………....12
• Conclusion……………………………………………………………………….12
• Bibliography…………………………………………………………………….13-14

Answer: Constituents of a criminal liability. A liability consists of two elements. The actus reus constitutes the package of behaviour which forms the substance of a criminal prohibition. The mental element (mens rea)...


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Details: - Mark: Not available | Course: Public Law | Year: 1st | Words: 3126 | References: Yes | Date written: March, 2016 | Date submitted: December 23, 2016 | Coursework ID: 998

Question: Problem Question: Ivana places a sign in the window of her red Ford Transit van which van which reads, in part, 'for sale - £10,000 - low milleage - great shape - 1999 model - full service history available'.

In response to this notice, James speaks to Ivana about the van. He tells her that he needs a van to deliver flowers to his customers and asks her if this van would be suitable. Ivana, who has been using the van to transport kitchen appliances, states that 'it would be perfect'.

After examining the van and its service history, James agrees to buy it and pays £10,000 for it. He spends £1,000 and fits the inside of the van out with a sophisticated shelving system with water tanks to keep his flowers fresh on their way to his customers.

Three months after he purchases the van, he sees a picture of it displayed in a local newspaper in connection with the story of a serial murderer. It transpires that a previous owner of the van had used it to hide the bodies of his victims and that the van is a 2001 model. Once the background to James' van is made public, he finds that no one wishes to receive flowers delivered in this vehicle. While Ivana knew of the van's previous history and use, she had said nothing of this to James.

Advise James.

Answer: Several elements need to be established in order for a contract to be legally binding. First and foremost, it is clear that the type of contract formed between Ivana and James is...


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Details: - Mark: Not available | Course: Contract Law | Year: 1st | Words: 3169 | References: Yes | Date written: February, 2011 | Date submitted: December 23, 2016 | Coursework ID: 997

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