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Question: Alphie, a minor celebrity, was recently admitted to hospital following an accident in which he damaged his leg. Due to his shock, Alphie lost consciousness shortly after he was brought into the hospital. The doctor who examined him was very concerned, and called the surgeon who decided it was necessary to remove two of Alphie’s toes. When he woke therefore, Alphie was missing his toes and was particularly upset that he had not agreed to this.

During Alphie’s week long stay in hospital to recover, the man in the bed beside him, Jack, was very disruptive. Alphie found this increasingly irritating as he could not sleep. He told Jack to ‘pipe down’ but Jack insisted ‘I’ll do what I like’. At this point Alphie sat up in his bed and shouted, ‘you know, you are very lucky I can’t get up right now, or I swear I would bash your head in.’ In response, Jack, got up from his own bed and grabbing Alphie by the collar whispered menacingly in his face ‘just watch yourself boy, I can hurt you more easily than you can harm me.’ Alphie was left very shaken.

When Alphie’s friend Susan visited she offered to put a sleeping drug in Jack’s water. Alphie agreed and Susan drugged Jack’s water while he was in the bathroom. Seeing her opportunity, Susan also blocked the bathroom door with a hospital trolley, trapping Jack in. Jack was shut in the bathroom for almost 10 minutes, but because he was showering, a hospital porter moved the trolley before he tried to get out. Jack therefore never realised he was trapped. When he drank some water a few minutes later, Jack fell asleep and felt quite poorly when he woke up.

On leaving hospital, Alphie gave an interview to a press reporter. He told her all about his stay in hospital, and joked that he and Susan had ‘got their own back’ on Jack. Since he read this in the newspaper, Jack has suffered depression and nightmares for which he has needed medical treatment.

Advise Alphie and Jack of any claims they may have in tort.

Answer: A may have a claim in battery (the unlawful contact which is direct and intentional (or reckless)). There’s no minimum level of violence which the law will to accept and the force...


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Details: - Mark: 65% | Course: Tort Law | Year: 2nd/3rd | Words: 800 | References: No | Date written: November, 2016 | Date submitted: December 06, 2017 | Coursework ID: 1041

Question: Andrew is at a restaurant with his partner Billy. Carla the waiter spills soup over Billy. Andrew is furious and tries to slap Carla, but Carla steps back out of the way. As Carla steps back, Billy trips her up, and Carla falls to the floor, hitting her head hard on the table as she falls down. While Carla is lying on the floor, Andrew kicks her, breaking her ribs and causing internal injury. Andrew and Billy then walk away. It is five minutes before Carla is found by another waiter. An ambulance is called, but by the time it arrives, Carla is dead.

Advise Andrew and Billy.

Answer: Carla: Spilling soup upon someone could be considered as battery. This is defined in s39 of the Criminal Justice Act 1988 as intentionally or recklessly inflicting unlawful personal violence upon the victim....


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Details: - Mark: 78% | Course: Criminal Law | Year: 1st | Words: 1223 | References: No | Date written: November, 2016 | Date submitted: December 06, 2017 | Coursework ID: 1040

Question: Critically discuss whether prerogative powers exercised by ministers should be codified in statute, with reference to Triggering Article 50 of the Treaty on European Union.

Answer: Historically, prerogative powers were officially held by the Queen, but since the Glorious Revolution of 1688, these powers were exercised by Parliament. Although there is no complete list of these prerogative powers,...


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Details: - Mark: 62% | Course: Constitutional and Administrative Law | Year: 1st | Words: 1997 | References: No | Date written: November, 2016 | Date submitted: December 06, 2017 | Coursework ID: 1039

Question: “The court of appeal’s case law as to when it may depart from its own precedents is in disarray.” Discuss.

Answer: To analyse the disarray in the case-law of the Court of Appeal (CA), important decisions such as Young v Bristol Aeroplane Co Ltd , Davis and Johnson , Farrell v Alexander ,...


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Details: - Mark: 64% | Course: English Legal System | Year: 1st | Words: 1598 | References: Yes | Date written: March, 2017 | Date submitted: November 27, 2017 | Coursework ID: 1038

Question: “The European Council and the Council of Ministers are the best way to ensure democracy in the EU.” Do you agree? Illustrate your answer with examples.

Answer: The issue is whether the Council of Ministers (the Council) and European Council (EC) are the best way to ensure democracy in the European Union (EU). To determine this, the essay will...


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Details: - Mark: 78% | Course: European Union Law | Year: 1st | Words: 1489 | References: Yes | Date written: March, 2017 | Date submitted: November 27, 2017 | Coursework ID: 1037

Question: To what extent is the decision in Donoghue v Stevenson [1932] AC 562 still important to the duty of care in the law of negligence?

Answer: To address the value of Donoghue v Stevenson as precedent for the present-day duty of care, it should be explored what the state of the law was before the case, how it...


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Details: - Mark: 64% | Course: Tort Law | Year: 1st | Words: 1498 | References: Yes | Date written: December, 2016 | Date submitted: November 27, 2017 | Coursework ID: 1036

Question: “The preliminary reference procedure, under Art 267 TFEU, is a vital part of ensuring the uniform application of the EU law across the Member States, but the doctrine of Acte Clair is a real threat to that uniformity”.

Critically discuss.

Mark 87.5% (A) - EU Law 2nd Year LLB

Answer: The preliminary reference procedure has been hailed as ‘the jewel in the Crown’ of the jurisdiction of the Court of Justice of the European Union (hereinafter CJEU or ‘the Court’). Article 267...


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Details: - Mark: 88% | Course: European Union Law | Year: 2nd/3rd | Words: 2492 | References: Yes | Date written: March, 2016 | Date submitted: November 17, 2017 | Coursework ID: 1035

Question: “[A]ll legal systems are mixed. There are no exceptions. Only the ways of mixing and character of the ensuing mixtures are different” (E. Örücü, ‘A General View of ‘Legal families’ and of ‘Mixing Systems’’ in E. Örücü and D. Nelken (Eds.), Comparative Law: A Handbook, 2007).

Critically discuss this statement.

Mark 87.5% (A) - Comparative Law 2nd Year LLB

Answer: Traditionally, when classifying legal systems, the category of mixed legal systems was viewed as an anomaly and limited to legal systems which were strongly influenced by both common and civil law. Well-known...


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Details: - Mark: 88% | Course: English Legal System | Year: 2nd/3rd | Words: 3351 | References: Yes | Date written: January, 2016 | Date submitted: November 17, 2017 | Coursework ID: 1034

Question: The Convention on the Elimination of All Forms of Discrimination against Women has been described as: ‘The International Bill Of Rights for Women’. Nevertheless, the Convention’s comparative approach and lack of substantive rights, ensures it does not add to rights’ protection for women.

Critically assess the statement with reference to the most problematic aspects of the UN Convention on the Elimination of All Forms of Discrimination against Women.

Mark 87.5% (A) - International Human Rights 2nd Year LLB

Answer: The Convention on the Elimination of All Forms of Discrimination against Women (hereinafter CEDAW) entered into force in 1981 and, as of March 2016, has been ratified by 189 states. Demanding the...


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Details: - Mark: 88% | Course: Human Rights Law | Year: 2nd/3rd | Words: 2489 | References: Yes | Date written: March, 2016 | Date submitted: November 17, 2017 | Coursework ID: 1033

Question: Angela was visiting her friend Betsy. She complained of a severe headache and Betsy gave her a box of painkillers that had been prescribed by her (Betsy’s) doctor. On the outside of the box and on a leaflet inside, there was a note reading: “Do not consume with alcohol. May cause severe nausea and diarrhoea.” Angela had drunk two small glasses of wine. She took two of the painkillers (the recommended dose for an adult). An hour later she became violently ill and was admitted to the Downbeat Hospital. She was examined by Conrad, a doctor, and told him about the pills she had taken. Conrad arranged for her to be admitted and prescribed a drug to treat her condition. Daphne, the nurse on duty, misread the doctor’s notes and gave her only 10 per cent of the dosage that Conrad prescribed. Angela became more seriously ill and required painful and debilitating abdominal surgery. There is a strong possibility that, if she had been given the correct dosage, she would have recovered after a few days.

It has now been established that Angela suffered from an extremely rare allergy to one of the ingredients of the painkillers. No other case has been identified where a person taking one of these painkillers suffered a comparable reaction. It cannot be established whether the wine had contributed to the reaction.

Advise Angela as to any claims in negligence against the Downbeat Hospital.

Answer: The above question demands discussion whether Betsy (B), Conrad (C) and Daphne (D) had breached duty of care to Angela (A) and whether there is any intervening factor that is likely to...


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Details: - Mark: Not available | Course: Tort Law | Year: 1st | Words: 2368 | References: No | Date written: Not available | Date submitted: October 26, 2017 | Coursework ID: 1032

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