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Question: Assess the changes in the current public entertainment licensing legislation (Licensing Act 2005), their purposes and effects.

Answer: The current legislation is being overturned in February as the new Licensing Act 2005 comes in. It will cover all the existing licences under one all encompassing Act. This report has covered...


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Details: - Mark: 64% | Course: Commercial Law | Year: 1st | Words: 2718 | References: Yes | Date written: December, 2004 | Date submitted: February 17, 2009 | Coursework ID: 249

Question: “British company law has failed to come to grips with the problems posed by purely groups of companies. Adams v Cape Industries shows the dark side of this failure”

Explain and Discuss this Statement.

Answer: In order to analyse the problems posed by groups of companies in British company law, it is essential to understand that the primary benefit of incorporation (excluding for the purposes of this...


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Details: - Mark: 64% | Course: Commercial Law | Year: 1st | Words: 1736 | References: No | Date written: November, 2003 | Date submitted: October 13, 2008 | Coursework ID: 55

Question: CASE STUDY 1: You have been newly appointed as a legal advisor in a firm of accountants. Mr. Atkinson, the senior member of the firm has asked for your assistance. He has asked you to write a report for one of his client, Mr. Conway who is uncertain as to some issues regarding the law of agency.
You report should attempt to address the following issues and should be illustrated with relevant examples of case law.
(1a) Explain the relationship between the parties involved in an agency.
(1b) Identify the types of authority an agent may possess.
(1c) The basis and importance of agency of necessity.
CASE STUDY 2: Andrew, Barry and Catherine are going into partnership as designers. However as they are entering into a partnership agreement for the first, there are a number of issues that need clarifying and have thus asked for some guidance. You are a legal assistant and have been approached by your employer to write a letter, illustrated with case law, informing them of their legal position with regards the following queries.
(2a) Changing the type of business carried on by the firm.
(2b) Borrowing money on behalf of the firm without notifying the other partners.
(2c) The position where one of the partners wants to introduce a new partner.
(2d) The extent of liability if one of the partners decides to retire from the firm.
(2e) Dissolving the firm.

Answer: (a) Agency is the relationship between an agent, his principle and the business that is carried out by an agent. An agent is a person who effects the legal position of another...


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Details: - Mark: 63% | Course: Commercial Law | Year: 2nd/3rd | Words: 2904 | References: Yes | Date written: February, 2007 | Date submitted: April 18, 2009 | Coursework ID: 466

Question: The Copyright, Design and Patents Act 1988

Answer: The Copyright, Design and Patents Act 1988 was implemented to protect the creator of an original work. Copyright prevents plagiarism and unfair exploitation of a person’s work and allows the creator to...


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Details: - Mark: 63% | Course: Commercial Law | Year: 2nd/3rd | Words: 2605 | References: Yes | Date written: Not available | Date submitted: February 20, 2009 | Coursework ID: 389

Question: ‘Attempts to impose criminal liability for manslaughter on companies are both futile and misguided’. Discuss.

Answer: ‘A company may be vicariously liable for the negligent acts or omissions of its servants and agents, but for a company to be criminally liable for manslaughter – on the assumption I...


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Details: - Mark: 63% | Course: Commercial Law | Year: 1st | Words: 2622 | References: No | Date written: Not available | Date submitted: October 14, 2008 | Coursework ID: 85

Question: ‘Critically discuss the role and importance of international commercial arbitration as an alternative dispute settlement mechanism in international trade today.’

Answer: Dealing with the role and importance of international arbitration as an alternative dispute settlement mechanism in international trade today raises two questions. First of all, the question of the “role” of international...


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Details: - Mark: 63% | Course: Commercial Law | Year: 2nd/3rd | Words: 3005 | References: No | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 62

Question: A corporation has been defined as ‘an ingenious device for obtaining individual profit without individual responsibility’.
Ambrose Bierce, The Devil’s Dictionary, 1911.

Discuss the extent to which you consider, nearly a century later, that criticism is still applicable to modern companies under present-day laws.

Answer: In order to discuss the extent to which a company can be said to be ‘an ingenious device for obtaining individual profit without individual responsibility’ it is important to note that a...


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Details: - Mark: 63% | Course: Commercial Law | Year: 2nd/3rd | Words: 3535 | References: Yes | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 60

Question: S Co wishes to sell widgets to B Co. B Co uses widgets in its manufacturing process and also sometimes, itself, sells widgets. S Co is concerned that it will have to make the sale to B Co on credit and that B Co’s financial position is not very strong. S Co has been advised that it can protect itself from B Co becoming insolvent before it pays for the widgets by means of a retention of title clause provided that it requires B to store the widgets it, S Co, supplies separately from those from other sources.

Advise S Co as to the extent to which that advice is sound.

Answer: This essay is concerned with what protection the law provides for a seller where a buyer becomes insolvent. It is section 19 (1) of the Sales of Goods Act 1979 that lays...


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Details: - Mark: 62% | Course: Commercial Law | Year: 2nd/3rd | Words: 2139 | References: Yes | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 57

Question: Unfair Terms in Consumer Contracts Regulations 1994
Summary
This article examines the substantive provisions of the Unfair Terms in Consumer Contracts Regulations 1994 and compares the protection which these Regulations will afford to consumers with that which is currently available under common law and statutory provisions, in particular the Unfair Contract Terms Act 1977.

Answer: Introduction In 1975 the European Commission\'s first draft proposal on unfair terms in consumer contracts appeared but it took some eighteen years for the contents of the Directive to be finally agreed....


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Details: - Mark: 62% | Course: Commercial Law | Year: 2nd/3rd | Words: 10000 | References: Yes | Date written: March, 2003 | Date submitted: October 10, 2008 | Coursework ID: 18

Question: Restorative justice, victims' rights and the future.

Answer: Restorative justice has become mainstream following the establishment of youth offender panels last year under the Youth Justice and Criminal Evidence Act 1999. It is no longer just another possible option available...


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Details: - Mark: 61% | Course: Commercial Law | Year: 2nd/3rd | Words: 3147 | References: Yes | Date written: April, 2002 | Date submitted: February 18, 2009 | Coursework ID: 322


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