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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,...


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Details: - Mark: 80% | Course: Commercial Law | Year: 1st | Words: 2043 | References: No | Date written: Not available | Date submitted: July 16, 2010 | Coursework ID: 613

Question: PROPERTY TAX

Critically analyse the extent to which reform is necessary within the current system of property taxation.

LLB Hons., 3rd Year
Mark – 74%

Answer: The main aim of this coursework is to afford a critical review of taxes affecting property in the United Kingdom (UK) and to present alternatives if any for reformation. The essay will...


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Details: - Mark: 74% | Course: Commercial Law | Year: 2nd/3rd | Words: 2742 | References: Yes | Date written: March, 2013 | Date submitted: November 04, 2014 | Coursework ID: 884

Question: James International Ltd based in France entered into a contract to sell 100 tons of wheat CIF Bristol to Helen Trading Ltd based in England. The contract was expressly subject to English law.

The contract required the goods to be shipped in May 2013. The wheat must be packed in 10kg bags and must be of ‘fair average quality of the season’s shipments’ as certified when the goods were put on board the vessel. The wheat was shipped partly in 10kg bags and partly in 20kg bags.

A ‘received for shipment’ bill of lading dated 30th April 2013 was tendered to Helen Trading Ltd and a loading inspection certificate dated 2nd May 2013 attesting to the goods being up to warranty standard. The bill of lading was from Calais to Bristol and it stated that ‘Goods were not shipped in apparent good order”. A certificate of insurance was also tendered and showed that the insurance covered the voyage from Le Havre to Bristol. The goods safely arrived at the port of Bristol on 8th May.

Helen Trading Ltd rejected the documents and refused to make payment. James International Ltd argued that the goods arrived at the port of destination in good condition and sued Helen Trading Ltd for non-acceptance of the goods.

Advise both parties of their potential liabilities and remedies.

International Commercial Law (ICL)

Answer: In order to determine the potential liability of both parties and the remedies available, we must first look into the characteristics of a CIF contract. CIF stands for cost, insurance and freight....


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Details: - Mark: 72% | Course: Commercial Law | Year: 2nd/3rd | Words: 1489 | References: Yes | Date written: January, 2014 | Date submitted: April 16, 2014 | Coursework ID: 856

Question: “The UK case law has failed to provide coherent guidance for dealing with tax avoidance. The House of Lords has admitted that all attempts at clarification have only raised fresh doubts and further appeals…Under the guise of purposive statutory interpretation the courts are making distinctions based not on the wording of the statute in context, but on external, policy considerations. The judicial approach requires a proper framework, which could be provided by layered legislation, including a principle-based GAAR.”

[Judith Freedman, ‘Interpreting Tax Statutes: Tax Avoidance and the Intention of Parliament’ (2007) LQR 53, 90]

Discuss.

Answer: “The avoidance of taxes is the only intellectual pursuit that still carries any reward.” John Maynard Keynes. I. Introduction Avoiding tax liabilities is a common goal shared amongst many taxpayers; and the...


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Details: - Mark: 72% | Course: Commercial Law | Year: 2nd/3rd | Words: 2352 | References: Yes | Date written: March, 2008 | Date submitted: April 20, 2009 | Coursework ID: 492

Question: “…The courts can and often do, draw aside the veil. They can, and often do, pull off the mask. They look to see what really lies behind. The legislature has shown the way… the courts should follow suit”. Assess the accuracy of this claim. 71%

Answer: When a company is incorporated, it is treated as a separate legal entity, distinct from its promoters, directors, members and employees and hence the concept of the corporate veil, separating those entities...


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Details: - Mark: 71% | Course: Commercial Law | Year: 2nd/3rd | Words: 3229 | References: Yes | Date written: October, 2004 | Date submitted: February 15, 2009 | Coursework ID: 207

Question: In what circumstances is the judiciary prepared to relax the doctrine of the separate legal personality of a company? Is the current legal situation satisfactory from a policy point of view, particularly in the light of the group structure of many modern businesses?

Answer: An incorporated company is regarded by the law as a distinct and separate legal entity from its members - a principle established by the case Salomon v Salomon . It follows that...


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Details: - Mark: 70% | Course: Commercial Law | Year: 2nd/3rd | Words: 2499 | References: Yes | Date written: November, 2007 | Date submitted: April 20, 2009 | Coursework ID: 484

Question: CONSUMER LAW
ASSIGNMENT 2
TASK 1
Krafty Kitchens Ltd have a showroom in the centre of Barrogate. Its front window is
emblazoned with a notice stating " We sell the cheapest kitchens in Barrogate"
Memoona visits the showroom and sees a kitchen that she likes but she is concerned as
to whether it is made of mahogany since she knows that this is in fashion at the
moment. She is shown round by Alison who assures her that the kitchen units are
made out of mahogany. On the wall of the showroom there is a notice stating "Krafty
Kitchens Ltd cannot guarantee the accuracy of statements about the composition of
kitchen units"
Memoona buys the units and when she discovers that they are not in fact made of
mahogany and that there is another kitchen showroom selling units for a lower price
she reports Krafty Kitchens Ltd to Barrogate Trading Standards. She is also aggrieved
because she has been sent a bill for delivery of the kitchen units to her house and she
thought that this was included in the price of the units.
Write a memo to your head of department,Frank Conway, advising him as to any
liability that Krafty Kitchens Ltd may have under the Trade Descriptions Act 1968
and Part III Consumer Protection Act 1987.

TASK 2
Anita, Ben and Carol book a skiing trip to Switzerland with Bon Voyage Holidays. They
book a chalet, which is advertised in the brochure as having three bedrooms, central
heating and in convenient reach of ski equipment hiring facilities. They also book a flight
with Easyfly but upon checking in at the airport they find that only 2 seats are available on this particular flight and therefore one of their number has to take a later flight. Upon their arrival they discover that the ski hire facility is 30 miles away. To make matters worse the chalet only has two bedrooms and the central heating has broken down. When they complain to Bon Voyage Holidays they are told that all branches had been informed to notify customers of the fact that there had been an error in the brochure and that this grade of chalet slept two rather than three people.
Write a memo to Frank Conway advising him of any liability that Bon Voyage
Holidays and Easyfly may have under the Trades Descriptions Act 1968.

Answer: Memo To: Frank Conway From: Date: Re: Trade Description Act 1968 and Part III Consumer Protection Act 1987 The Trade Description Act 1968 was created for four main offences, two of these...


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Details: - Mark: 70% | Course: Commercial Law | Year: 2nd/3rd | Words: 5031 | References: Yes | Date written: October, 2008 | Date submitted: April 18, 2009 | Coursework ID: 470

Question: Does the market rule of damages assessment used in the sale of goods offend the fundamental principle that damages are designed to compensate for a loss caused by the defendant's breach of contract? 68%

Answer: A fundamental principle of damages is that the remedy should be sufficient to place the injured party in the position he would have occupied but for the wrong he has suffered. Judges...


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Details: - Mark: 68% | Course: Commercial Law | Year: 2nd/3rd | Words: 1449 | References: Yes | Date written: July, 2011 | Date submitted: May 02, 2013 | Coursework ID: 789

Question: The issue of whether “shareholder value” or “the stakeholder perspective” should shape UK company law for the 21st century has now been successfully resolved”. Discuss with reference to the provisions of the Companies Act 2006.

Answer: Shareholder value has traditionally been “assumed to be the ruling conception in Anglo-American corporate governance” . This perspective is broadly concerned with regarding “the corporation as a legal instrument for shareholders to...


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Details: - Mark: 68% | Course: Commercial Law | Year: 2nd/3rd | Words: 2579 | References: Yes | Date written: April, 2008 | Date submitted: April 20, 2009 | Coursework ID: 485

Question: CASE STUDY: Khans Ltd. has ten shareholders, all of whom has an equal shareholding. Two shareholders. A Ian and Tariq are the directors of the company.
(1) What is the legal position if the directors enter into a contract for the purchase of a farm. The company's objects cover manufacturing sportswear.
(2) Whether the company's Articles of Associations are legally binding on the company. The Articles state that James Smith will be a director of the company for life. He also had a separate contract as managing director. Last month the members voted to include an Article that said that directors appointed for life could be removed by ordinary resolution. The company then told him that he could no longer be managing director. Advise the directors on the legal position regarding an application to court by Mr. Smith.
(3) The company is considering raising more capital. Advise the directors on the respective advantages and disadvantages of ordinary shares, preference shares, redeemable shares and debentures.
(4) The directors have asked for your advice on the legal position of personal representative on the death of a shareholder. Also, does the company have to put them on the register of shareholders?

Answer: (1) (Regarding: Memorandum of association and objects clause.) For a company to be incorporated it needs a memorandum of association s.1 and 2 of The Company Act 1985 and since 1856 successive...


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Details: - Mark: 68% | Course: Commercial Law | Year: 2nd/3rd | Words: 4013 | References: Yes | Date written: November, 2007 | Date submitted: April 18, 2009 | Coursework ID: 468


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