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Question: Jesse is considering buying his aunt Karen’s house as an investment. During the negotiations, Karen states, “This house is worth £200,000 and I’ve had two separate valuations from estate agents verifying that, but since I love you so much I’ll sell it to you for £180,000.” Karen has not received any valuations from estate agents and the house is worth only £120,000. Jesse buys the house for £180,000.
Two weeks after Jesse has completed the sale and moved into the house, he discovers that Karen did not receive any valuations from estate agents. The same week, Jesse discovers that the value of the house has been reduced to £80,000 due to serious damage caused by the collapse of a supporting wall. At this point, a buyer offers £80,000 for the house. Jesse does not sell the house until three months later, when Jesse only receives £75,000 for the house because of a general fall of the property market.
Answer: In relation to Jesse’s current situation, the preliminary issue we must identify before preceding to look at other issues arising from this case, is whether there was an intention to be legally...
Details: - Mark: 75% | Course: Contract Law | Year: 1st | Words: 2950 | References: Yes | Date written: January, 2014 | Date submitted: February 18, 2015 | Coursework ID: 906
Question: CASE NOTE: Hill v Chief Constable of West Yorkshire  1 AC 53
Answer: Hill v Chief Constable of West Yorkshire case placed public bodies under a ‘microscope’. It was evident to the court that a principle must be found while simultaneously striking a balance between...
Details: - Mark: 75% | Course: Criminal Law | Year: 1st | Words: 1000 | References: Yes | Date written: January, 2014 | Date submitted: February 18, 2015 | Coursework ID: 905
Question: “ The important question… is not whether the UK adheres to a pure conception of the separation of powers… but whether its institutions of government are organized in such a way as to guard satisfactorily against the abuse of power”
Discuss the separation of powers in the UK constitution and consider whether the UK system is adequately designed to guard against the abuse of power.
Answer: This essay will look to examine the extent to which, there is an appropriate system to check and balance power in the UK to prevent excessive concentration of power and to which...
Details: - Mark: 75% | Course: Public Law | Year: 2nd/3rd | Words: 1495 | References: Yes | Date written: January, 2014 | Date submitted: February 18, 2015 | Coursework ID: 904
Question: Problem scenario: Molly is a single mother. She takes her daughter Rhonda (a two year old infant) to a local playground. While lighting a cigarette, Molly starts talking with another young parent, Dilbert. Molly is distracted by Dilbert's good looks and gritty charm. Meanwhile, Rhonda starts to wander over to the road.
Dilbert notices a possible catastrophe and rushes out after Rhonda. Dilbert just manages to save Rhonda from being run over by Bob, who is driving a van within the speed limit and quite safely. However, Dilbert has too much forward momentum and collides with Bob's van. Dilbert is seriously injured. Bob skids off the road and crashes into some playground equipment. Luckily, no children are using the equipment.
Laura, driving at speed behind Bob sees the above-related events and put her foot down hard on the brakes. Laura's car skids on an oil slick and crashes into a tree. Some distance behind the tree was Leonard. Leonard thought that Laura's car might hit him and he started running away screaming 'oh Lord, don't take me now!' Leonard has an underlying personality disorder and develops a paranoid fear of going out into the street. As a result he loses his job and his livelihood.
The accident involving Leonard is witnessed by Sherry, Rhonda's grandmother, who is also at the park. Sherry suffers from a brief fright, but believes that she will be alright. However, she later develops post-dramatic stress disorder as a result of this event, combined with the news that Rhonda barely escaped serious injury. She had not seen the incident involving Rhonda herself because she hadn't busy setting out the picnic lunch.
Identify any action available in the tort of negligence and analyse the elements of the tort accordingly.
Answer: Dilbert v Molly Carmarthenshire CC v Lewis1 sets out that if someone has charge over a child they are expected to take reasonable care to prevent them from causing harm to others....
Details: - Mark: 75% | Course: Tort Law | Year: 2nd/3rd | Words: 2297 | References: Yes | Date written: January, 2013 | Date submitted: February 03, 2015 | Coursework ID: 903
Question: Critically discuss the relationship between law, autonomy and embodiment with reference to Bondage, Sado masichism and women in crime.
University of Exeter, Law LLB, Gender, sexuality and law.
Answer: “The function of law in a community is to articulate and maintain norms of behaviour of general application. This means that objective standards are inevitable.”1 This explains the way the law operates...
Details: - Mark: 60% | Course: Criminal Law | Year: 2nd/3rd | Words: 3723 | References: Yes | Date written: January, 2015 | Date submitted: February 03, 2015 | Coursework ID: 902
Question: Henrik wishes to set up some trusts
The following are clauses from the trust deed.
My three Picasso paintings to my trustees with one painting to be held on trust for my daughter, Elizabeth, (whichever she shall choose), and the remaining paintings to be held on trust for my son Samuel.
A sufficient sum of money is to be held in trust to provide a reasonable income for my wife during her lifetime and while she remains unmarried and an adherent to the Lutheran faith. On my wife’s death, the sum of money is to be divided between my old friends still living or their relatives in such proportions as the trustees, in their absolute discretion, shall decide.
£3,000,000 to my trustees to hold for in trust for the benefit of my children Elizabeth and Samuel, with power to apply up to 30% of the net income from the money for making, at their absolute discretion, grants to or for the benefit of any of the employees or ex-employees of my company, Slate Ltd, in such amounts and at such times as they see fit.
£2,000,000 to my trustees for the benefit of all of the people who live in Devon and Cornwall.
The bulk of the residue of my estate to my trustees to hold on trust for my niece, Megan, until she reaches the age of 21.
Unfortunately Elizabeth is extremely ill and is not expected to live.
Henrik is the majority shareholder in Slate Ltd, which currently has 260 employees in Truro.
Discuss these provisions with critical consideration of decided cases.
University of Exeter, Law LLB
Answer: In order for the trusts Henrik wishes to set up to be valid, there has to be three certainties. These are certainty of intention, subject matter and objects. Without these, the trusts...
Details: - Mark: 65% | Course: Equity and Trust Law | Year: 1st | Words: 1130 | References: Yes | Date written: February, 2014 | Date submitted: February 03, 2015 | Coursework ID: 901
Question: “...duress does not negate the existence of consent but is based upon a finding that the victim had no other realistic option available other than to agree.”
Poole, Jill ‘Textbook on Contract Law’ (10th edn OUP, Oxford 2010) page 565
Task: Examine the above statement in view of economic duress in English contract law, and compare it to the concept of duress in Malaysia.
Answer: Everyone has the freedom to enter into a contract. A contract can only be legally binding if the parties enter into the contract with free consent and voluntarily. No one can be...
Details: - Mark: Not available | Course: Contract Law | Year: 2nd/3rd | Words: 3821 | References: Yes | Date written: December, 2012 | Date submitted: January 28, 2015 | Coursework ID: 899
Question: Adjustments to the Constitution of the United Kingdom are needed to face the various challenges of the 21st century.
Evaluate any four constitutional reforms undertaken in the United Kingdom to face the challenges of the 21st century. Draw a comparison with the position in Malaysia.
Answer: Constitution is a set of rules which governs an organization. Turpin defined constitution as ‘a set of rules, conventions and practices which regulate and qualify the organization and the operation of the...
Details: - Mark: Not available | Course: Constitutional and Administrative Law | Year: 2nd/3rd | Words: 3521 | References: Yes | Date written: December, 2012 | Date submitted: January 28, 2015 | Coursework ID: 898
“Stalking to be made specific criminal offence – Cameron”
“Social network sites 'have duty' to stop cyberstalking”
“Denbighshire man harassed former partner on Facebook”
“Man cleared of Facebook stalking”4
The above headlines highlight the issue of stalking and the social media, in particular Facebook.
Discuss the issue of stalking committed via Facebook in relation to the following:
a) Whether the current provisions, in particular the Protection Against Harassment Act 1997, provide for adequate protection in instances of stalking on Facebook;
b) The practical realities involved in proving the actus reus and mens rea of stalking on Facebook if it is criminalized.
Answer: In the 21st century, it is not surprising that the Internet has evolved into an indispensable medium of communication in our daily life. It is a global medium without borders which connects...
Details: - Mark: Not available | Course: Criminal Law | Year: 2nd/3rd | Words: 3206 | References: Yes | Date written: December, 2012 | Date submitted: January 27, 2015 | Coursework ID: 900
Question: ‘In a criminal trial evidence of the defendant\'s good character should indeed be admissible (as governed by the common law rules). However, in relation to admissibility of the defendant\'s bad character the provisions of the Criminal Justice Act 2003 dangerously strike the wrong balance between evidential value and prejudice to the accused\'.
Answer: Based on the quotation given in the question, in order to evaluate whether or not the provisions of the Criminal Justice Act 2003 (hereafter referred to as ‘the Act’) strikes the wrong...
Details: - Mark: Not available | Course: Criminal Law | Year: 1st | Words: 1492 | References: Yes | Date written: February, 2011 | Date submitted: December 28, 2014 | Coursework ID: 897