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Question: SECTION B – BUSINESS TENANCIES
Question: Cedric runs a tobacconist/news agency business in Northern Ireland from premises that he has leased from Heurelho since 2012. The premises are located adjacent to the gates of a school and because trade is poor during school holidays, Cedric closes his business at such times and goes on extended foreign trips.

Heurelho suspects that Cedric’s principal income derives from the sale of cigarettes to children, however, it has been so far impossible to prove this and Cedric has not prima facie broken any covenant in his lease.

Cedric’s lease will soon expire and Heurelho does not want to renew it but instead wants to either run a similar business on the premises himself, or alternatively, demolish the premises and redevelop the land.

Considering relevant cases, advise Heurelho of the requirements of the Business Tenancies (NI) Order 1996 and how they would impact on his plans. Explain how your answer would differ (if at all) if Cedric was actually convicted of the illegal sale of tobacco on the premises.

Answer: Cedrics business is situated in Northern Ireland therefore the legislation that governs this area of law is the Business Tenancies (NI) Order 1996. Had the business been situated in England or Wales,...


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Details: - Mark: Not available | Course: Company Law | Year: 1st | Words: 977 | References: No | Date written: January, 2017 | Date submitted: May 11, 2017 | Coursework ID: 1027

Question: ‘Speaking of the equivalent English law before the Abortion Act of 1967, Lord Diplock in Royal College of Nursing v DHSS (1981) described the state of the law as “unsatisfactory and uncertain”. This continues to be the position in Northern Ireland – a position which in the best interests of not only the medical and legal professions but more importantly of the public at large ought to be remedied. The Abortion Act 1967 may have its faults but it presents a much more coherent and understandable position than that which continues to prevail in this jurisdiction.’ Northern Health and Social Services Board v A and others [1994] NIJB 1 per MacDermott LJ at 3.

Discuss.

Medical Law: (LAW506), Ulster University.

Answer: Northern Ireland now has the opportunity to define itself anew as it is a devolved government. Despite this, the issue of abortion remains untouched, under “draconian” outdated regulations which date back to...


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Details: - Mark: Not available | Course: Medical Law | Year: 1st | Words: 2981 | References: Yes | Date written: May, 2017 | Date submitted: May 11, 2017 | Coursework ID: 1026

Question: “It is a mistake to see exclusion and limitation clauses entirely in [a] negative light. They can play an important (and positive) role in the regulations of risk.” McKendrick: Text, Cases and Materials). Discuss.

Grade 2:1 Law of Contracts. Year 1 LLB

Answer: Exclusion and limitation clauses, which will henceforth be collectively referred to as exemption clauses, are a means of excluding or limiting (respectively) liability in the event of a breach of contract. They...


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Details: - Mark: 65% | Course: Contract Law | Year: 1st | Words: 1258 | References: Yes | Date written: March, 2017 | Date submitted: May 08, 2017 | Coursework ID: 1025

Question: “The Human Rights Act is not fit for purpose: it has been a complete failure, and needs to be replaced by a British Bill of Rights” – Discuss.

Mark 2.1 Year 1 LLB

Answer: The United Kingdom has always been anomalous amongst civilised democracies in lacking a written constitution. Unlike countries such as America and all major European countries, prior to the Human Rights Act of...


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Details: - Mark: 65% | Course: Human Rights Law | Year: 1st | Words: 2848 | References: Yes | Date written: March, 2017 | Date submitted: May 08, 2017 | Coursework ID: 1024

Question: ‘The sovereignty of parliament provides a remarkably flexible and efficient instrument for achieving constitutional reform.’

Explain and critically consider this statement.

Answer: It is important to first understand what constitution and parliament sovereignty means. Constitution is a code of laws, rules and provisions that can manage the allocation of duties, powers as well as...


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Details: - Mark: Not available | Course: Constitutional and Administrative Law | Year: 1st | Words: 2106 | References: Yes | Date written: December, 2016 | Date submitted: April 30, 2017 | Coursework ID: 1023

Question: The Bruton tenancy can be a true proprietary interest in land because it confers a sufficiently intense degree of control over access. It has a sufficient degree of “propertiness”’.

Discuss.

Answer: Property law is concerned with the relationship which one has with the external world. Property is not a thing, but rather a relationship which one has with a thing. To claim ‘property’...


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Details: - Mark: Not available | Course: Land law | Year: 1st | Words: 1403 | References: No | Date written: Not available | Date submitted: April 22, 2017 | Coursework ID: 1022

Question: Cuius est solum, eius est usque ad coelum et ad infernos (the owner of the land owns everything up to the sky and down to the centre of the earth)

Discuss.

Answer: The Latin maxim concerns the third dimension of land. It is also know as the ad coelom doctrine. This doctrine was first mentioned in the 13th century and it is to no...


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Details: - Mark: Not available | Course: Land law | Year: 1st | Words: 1604 | References: No | Date written: Not available | Date submitted: April 22, 2017 | Coursework ID: 1021

Question: Alan decides to protest against NHS reforms by placing a firebomb in his local hospital. He spends some time working on the bomb to ensure that there will be a delay before it is detonated, so that he can phone in a warning and allow time to evacuate the hospital. Having hidden the bomb in the hospital, he then decides not to ring the police to warn them about the bomb.

The firebomb goes off. Evan is badly burnt in the fire. He is taken to a neighbouring hospital and requires a blood transfusion. Evan has an intense fear of blood, for which he was receiving psychiatric care before the bombing. He refuses the blood transfusion, and dies.

Doris, a member of staff is present when the fire starts. Doris runs away, leaving behind a young child, Toby, who she was treating, because she can’t be bothered to carry him. Toby is severely injured in the blaze. He is kept on life support, unconscious, for six months before doctors decide to discontinue life support, whereupon he dies.

Advise Alan and Doris on their liability for murder. Mark 70%

Answer: To determine their liability for murder, the prosecution needs to establish whether Alan and Doris had the actus reus and mens rea for murder and that these coincided in time. The actus...


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Details: - Mark: 70% | Course: Criminal Law | Year: 1st | Words: 1431 | References: Yes | Date written: November, 2016 | Date submitted: April 19, 2017 | Coursework ID: 1020

Question: Explain the concept of parliamentary supremacy how it became such an important principle of the UK constitution.

What limitations are there to Parliament’s legislative authority? Mark 80%

Answer: Lord Bingham’s account of parliamentary supremacy in Jackson v Attorney General [2005] remains an accurate description of the British constitution: parliamentary legislation is the supreme source of law in the UK. This...


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Details: - Mark: 80% | Course: Public Law | Year: 1st | Words: 1144 | References: No | Date written: November, 2016 | Date submitted: April 19, 2017 | Coursework ID: 1019

Question: Nikolai, a wealthy émigré who was out of favour in his home country, settled permanently at an estate near Windsor. He employed a young nanny by the name of Candy. Having been smitten by Candy’s charms, Nikolai decided to make her a gift of all his shares in Fulchester United Football Club Ltd. In January, Nikolai signed the share transfer form and gave it, along with the share certificates, to his business adviser to arrange the transfer. Nikolai then told Candy that she was now the owner of the shares. The business adviser promptly lost the paperwork.

In February, Nikolai - who was becoming increasingly fearful of an assassination attempt on his life - summoned Candy. He said to her, ‘The key to my safe is hidden in my bedside copy of Master and Margarita. Open the safe and inside you will find my on-line banking password, PIN, card and card-reader. I want you to withdraw a decent sum for yourself if anything happens to me.’ Next day, Nikolai was found dead in his swimming pool.

Nikolai’s will appointed his wife, Olga, as executor and gave all his estate to her.

Advise Candy.

Answer: On the facts it is apparent that Nikolai intended to gift his shares in Fulchester United Football Club Ltd. to Candy and grant her a deathbed bequest of a decent sum of...


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Details: - Mark: Not available | Course: Equity and Trust Law | Year: 1st | Words: 2123 | References: No | Date written: November, 2016 | Date submitted: April 19, 2017 | Coursework ID: 1018

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