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Question: Is the difference between \'employee\', \'worker\' and \'self-employed\' persons made sufficiently clear in UK employment law?

Answer: The distinction between the notions of ‘employee’, ‘worker’ and ‘self-employed’ persons is not sufficiently clear in the UK employment law. This problem is due to: 1) lack of statutory guidance in differentiating those three terminologies; 2) judicial engineering through the common law and 3) the problems deriving from management practices. Despite this uncertainty, different legal implications are attached to each those categories in terms of the rights......(short extract) to download the rest of this piece of coursework, please Sign in or Register

Question: Now that we have briefly examined what we mean by insider dealing, the question that will be asked is whether this practice should be criminalised or not?

Answer: Firstly, insider dealing has been said to be in existence from time immemorial. It was seen then as part of the trade as was reported in the independent that “my uncle and grandfather, who were Stock Exchange operators for nearly a century to the late Seventies, never knowingly committed an outsider trade,\' says one City expert. The whole point of City lunches were (sic) to swap gossip and titbits of information: it was a perk of the job.” Thus it was seen as some kind of remuneration for ......(short extract) to download the rest of this piece of coursework, please Sign in or Register

Question: \'Every judgement I write is a lie. I will repeat that statement: every judgement I write is a lie.\' - (‘The Strange Alchemy of Life and Law’ Chap. \'Tock Tick: The Working of a Judicial Mind’, Albie Sachs - Full quote in download) - Discuss how the above quotation from South African Constitutional Court Justice Albie Sachs compares and contrasts with theories of adjudication you have studied.

Answer: In this quotation from South African Constitutional Court Justice Albie Sachs, taken from the chapter ‘Tock Tick: The Working of a Judicial Mind’, in his book ‘The Strange Alchemy of Life and Law’; he is merely describing what he has lived through as a judge preparing a judgement. He endeavours to do this by explaining to us the journey of those judgements, starting with the most tentative initial ideas and ending with the ultimate confident exposition that appeared to exclude any possib......(short extract) to download the rest of this piece of coursework, please Sign in or Register

Question: (Case Study involving consideration of sale of shares, the elements of a valid contract, agreement and the Companies Act 1985 and The Minors’ Contracts Act 1987) - Becks has lived with his girlfriend, Posh, for three years. They each contribute 50% of the council tax and house rates and have shared the other household expenses equally. Becks offered to buy for ₤10,000 Posh’s share in Big Bank plc (Full case study text within download)- Advise posh as to her legal position.

Answer: When advising Posh as to her legal position in the given scenario, I will look at each aspect of the case separately. I will determine what the legal rules are and how, if at all, they should be applied to the case in hand. In order to advise Posh as to her legal position, concerning the sale of her shares in Big Bank plc to Becks, it is of paramount importance to determine the existence, if any, of a binding contract between both parties and to what extent Posh may be bound by this. In ord......(short extract) to download the rest of this piece of coursework, please Sign in or Register

Question: ‘For effective governance in the 21st century the United Kingdom requires a written constitution.’ Discuss.

Answer: Constitutions perform three main tasks: they provide for the creation of the institutions of the State; they regulate the relations between those institutions and one another; and they regulate the relations between those institutions and the citizens they govern. Many believe that the United Kingdom’s constitution is now outdated with an inherent lack of overall agreement between its statutes, common laws and conventions. The constitution is meant to be the main backbone on which power, con......(short extract) to download the rest of this piece of coursework, please Sign in or Register

Question: LLB European Union Law 3rd Year - Assess the role of the Maastricht treaty in the development of the European Community.

Answer: The Maastricht treaty (formally, the Treaty on European Union, (TEU)) was signed on 7 February 1992 by all member states of the European Community in Maastricht the Netherlands. Upon coming into force on 1 November 1993 it created the European Union and precipitated to the creation of the single European currency, the euro. The Treaty significantly increased the degree of economic, monetary and political convergence among member states in response to a number of developments. The......(short extract) to download the rest of this piece of coursework, please Sign in or Register

Question: Produce a reasoned argument in favour of changing or reforming any rule or doctrine which you have come across in the English law of contract.

Answer: The Doctrine of Consideration has been heavily scrutinised over time to the suggestion that it merely only complicates matters and should no longer be a requirement for the formation of a contract. In White v Jones Lord Goff observes that; ‘our law of contract is widely seen as deficient in the sense that it is perceived to be hampered by the presence of an unnecessary doctrine of consideration’ the reason for such an assertion could be due to the fact that there are so many changes to the ......(short extract) to download the rest of this piece of coursework, please Sign in or Register

Question: “(..) (N)ew EU Member States (…) inherited a well-developed complex of equal opportunities legislation, interpreted by a broad apparatus of ECJ case law which could be used to good effect in implementing the relevant directives. On the other and, the new Member States had to accept and implement an existing legislative package, the acquis communautaire, without having the opportunity (as the old Member States had had) to follow the maturing of the equal opportunities concept and to implement the EC legislation step by step. For this reason, it is obvious, that there was (and still is) a high probability, that the new Member States will need some years to ‘digest‘ the whole concept of equal opportunities, as defined by the EU” (Kristina Koldinska, Multidimensional Equality Law within the Czech and Slovak Republic, in: Schiek Chege (eds) European Union Non-Discrimination Law, 2009, at 250)................................................................................................................................ Discuss critically, relating to the implementation of EU Non-Discrimination Directives (i.e. Directives 2000/43/EC, 2000/78/EC) in post-socialist Member States that acceded to the EU from 2004.

Answer: This essay takes a positive approach. For a normative study of the implementation of EU anti-discrimination law in the post socialist member states see Koldinská. Determining whether it has been hard for the post socialist states to successfully “digest” anti-discrimination law this essay will focus on the legal and the non-legal. Regarding the legal, substantive equality law will be outlined and the implementation of anti-discrimination law will be analysed. Equality law has wider policy ......(short extract) to download the rest of this piece of coursework, please Sign in or Register

Question: Produce a reasoned argument in favour of changing or reforming any rule or doctrine which you have come across in the English law of contract.

Answer: In its most basic form Consideration is, as defined by Lord Dunedin in Dunlop Pneumatic Tyre Co., Ltd. v. Selfridge & Co., Ltd.: \" An act or forbearance of the one party, or the promise thereof, (as) the price for which the promise of the other is bought, and the promise thus given for value is enforceable...” and is regarded as a single test of intention of the parties to be bound by the contract. An area of law, where faced with criticism or questions of its functionality, should be ope......(short extract) to download the rest of this piece of coursework, please Sign in or Register

Question: To what extent is it still accurate to describe the ECJ as an activists court, if such a description ever were accurate?

Answer: The ECJ ensures that the law is applied and interpreted in accordance with the Treaty as applied in Article 220 EC. The ECJ’s responsibility is to make sure the law establishing the European Communities and any rulings created by institutions of the EU are complied with. The Court is the guardian of the European Community and must therefore ensure that there is no breach of EU law. The ECJ has created EU law as an independent and separate body of law, which is superior to and separate from nat......(short extract) to download the rest of this piece of coursework, please Sign in or Register

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