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Question: Do you think that the contours for imposing liability for omissions are justifiable?
Critically discuss the advantages and disadvantages of imposing liability for omissions.
Answer: In the nature of English Law, the co-existence of mens rea (guilty mind) and actus reus (guilty act) at the same time form the basis of criminal liability. This combination of elements...
Details: - Mark: 60% | Course: Criminal Law | Year: 1st | Words: 3005 | References: Yes | Date written: March, 2015 | Date submitted: October 20, 2016 | Coursework ID: 987
Question: “Power corrupts, and absolute power corrupts absolutely." – Lord Acton.
Explain the given statement in light of the doctrine of Separation of Powers, discuss the definition, history, the concept, overlaps, check and balances and relevant cases and legislations , explain further by comparing other jurisdictions .
Answer: Lord Acton had expressed his observation that when a person is given the total authority or the final say in everything, it is inevitable that his/her sense of morality would eventually weakens...
Details: - Mark: 64% | Course: Public Law | Year: 1st | Words: 3077 | References: Yes | Date written: March, 2015 | Date submitted: October 20, 2016 | Coursework ID: 986
Question: Problem Scenario: Amy lives alone, but has always been very fond of her cousin, Beryl, who lives in the same village with her family (Charlie, her husband, and David, her son).
When Beryl tells her that Charlie has lost his job and that they are suffering from financial difficulties, Amy offers to help. She offers to give David, who is in his final year at university, £1,000, provided that he works hard and obtains a second class degree. Amy also agrees to pay Beryl £300 for all the errands she has run for her in the past. Beryl is pleased as she had, selfishly, expected some payment for all his effort. Amy also agrees that, although Charlie owes her £1,000, she will accept £500 instead. Charlie pays Amy £500.
David, who is exceptionally intelligent, does little work, but manages to obtain a first class degree. As a result, he obtains a lucrative graduate training post in a merchant bank.
Advise Amy, who has now quarrelled with Beryl and wishes to know to what extent she is bound by her promises.
Would it make a difference if Beryl paid Amy the £500?
Answer: In identifying the core of the question, the first point to consider is whether a valid contract had been formed between Amy and Beryl, Charlie, David. The potential contractual liability of the...
Details: - Mark: Not available | Course: Contract Law | Year: 2nd/3rd | Words: 3106 | References: Yes | Date written: November, 2015 | Date submitted: October 20, 2016 | Coursework ID: 985
Question: ‘The beneficiary principle has hampered the development of trusts law in England and Wales for over two centuries; it is too rigid and enforced far too strictly. Until the rules surrounding it are relaxed then there cannot be any flexibility with respect to private purpose trusts in this jurisdiction.’
Discuss this statement.
LLB LAW OF EQUITY & TRUSTS COURSEWORK, BBP University
Answer: The beneficiary principle is well-established in English trust law principle, which requires the trustees to hold people who benefits the trust property. However, the beneficiary principle has the highest impact on non-charitable...
Details: - Mark: Not available | Course: Equity and Trust Law | Year: 2nd/3rd | Words: 2463 | References: Yes | Date written: November, 2010 | Date submitted: October 19, 2016 | Coursework ID: 984
Question: ‘The Court of Justice was right to interpret article 34 TFEU as prohibiting all measures which hinder trade between Member States. However, it has not done enough to maintain, develop and strengthen that principle. On the contrary, the Court has diluted the principle by introducing unnecessary and ill-conceived limitations to it. Moreover, it has been far too tolerant towards the justifications advanced by Member States for the restrictions they continue to impose on goods.’
Critically discuss this statement with reference to relevant treaty articles, decided cases and academic opinion.
LLB EUROPEAN UNION LAW, BBP University
Answer: The main provision of Article 34 and 36 TFEU will first be considered which they are binding on public bodies and semi-public bodies and the Member State will also be liable under...
Details: - Mark: Not available | Course: European Union Law | Year: 2nd/3rd | Words: 2350 | References: Yes | Date written: November, 2010 | Date submitted: October 19, 2016 | Coursework ID: 983
Question: ‘Developments in case law over the past half century have shown that equity is now more flexible when assessing whether the three certainties have been satisfied. It is now possible to give effect to informal trusts of personal property, if not those of land.’
Discuss this statement.
LLB LAW OF EQUITY & TRUSTS COURSEWORK, BBP University
Answer: This essay will concentrate on the three certainties and this essay will discuss about whether the three certainties have been satisfied and if it is possible to give effect to informal trusts...
Details: - Mark: Not available | Course: Equity and Trust Law | Year: 2nd/3rd | Words: 2463 | References: Yes | Date written: November, 2010 | Date submitted: October 19, 2016 | Coursework ID: 982
Question: Examine the nature of the British Constitution and its relationship to Constitutional Conventions.
Sources of the British Constitution 3
Functions of Constitutional Conventions 4
Conventions and its Constitution Importance 5
Monarch’s Powers 5
Rules that regulate the Parliament 6
Ministerial Responsibility 7
Answer: This paper will examine the nature of the British Constitution along with Constitutional Conventions. The first proportion will record the history and sources of the unwritten British Constitution. Subsequently, a major non-legal...
Details: - Mark: Not available | Course: Public Law | Year: 1st | Words: 3019 | References: Yes | Date written: December, 2015 | Date submitted: October 08, 2016 | Coursework ID: 981
Question: Examine non-fatal offences against the person and whether consent is a good justification for inflicting actual bodily harm.
TABLE OF CONTENTS
Assault / Battery (s.39 CJA 1988) 4
Assault Occasioning Actual Bodily Harm 4
Assault Occasioning Grievous Bodily Harm 5
Intent to Cause Grievous Bodily Harm and Wounding 6
Exceptions to the Rule 6
Theoretical Propositions Governing Criminal Liability 8
Answer: This paper will examine non-fatal offences against the person and whether consent is a good justification for inflicting actual bodily harm (hereby referred to ABH) in this respect. The first proportion of...
Details: - Mark: 60% | Course: Criminal Law | Year: 1st | Words: 3045 | References: Yes | Date written: December, 2015 | Date submitted: October 08, 2016 | Coursework ID: 980
Question: Explain Closed Material Procedures and the court’s attitude when it is applied in civil trials. What impact has it had upon natural justice?
Answer: This paper seeks to determine the relationship between closed material procedures in civil trials and how it affects natural justice. The first proportion of the paper will explain ‘Closed Material Procedures’ (hereby...
Details: - Mark: 60% | Course: Common Law | Year: 1st | Words: 3345 | References: Yes | Date written: December, 2015 | Date submitted: October 08, 2016 | Coursework ID: 979
Question: Sally, a British national who is 25 years old and her partner Simon (who is an non EU national), want to move to Spain which is were all her family and friends live.
Last year she decided to settle in Spain permanently, and has been living in Madrid for the last 9 months. However, her partner Simon remained in the UK overseeing the sale of their house. Sally wants Simon to come and join her in Spain, as soon as the sale of their house is complete.
In the meantime, Sally applied for unskilled work in the kitchens of a State-run secondary school. The wages were very low, but Sally thought that she would qualify for state benefits just until she gets on her feet.
She was invited for interview but her application was unsuccessful because she failed a Spanish language test set at interview.
Eventually Sally secured employment as a hotel Chambermaid. However, after working in this job for some time, Sally began to feel very despondent about her low wages and she became involved in criminal activity. In the past, she has received criminal convictions for smoking cannabis whilst at University in the UK.
Now, she has just been convicted of robbery with violence, and the Spanish Courts is threatening her with expulsion from Spain on grounds of public policy grounds.
Advise Sally as to the application of EU Law on the free movement of workers to each aspect of the situation.
Grade achieved: 68%
Answer: I shall be advising sally in each part of her situation in regards to her rights as a worker, and as an EU national. Sally, is a British national and she wishes...
Details: - Mark: 68% | Course: European Union Law | Year: 1st | Words: 1023 | References: No | Date written: Not available | Date submitted: May 29, 2016 | Coursework ID: 977