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Question: Case Study

Goofey, Massive, Badboy and Spiv are members of a famous four-piece rap music act called “Parental Advisory Crew”. To celebrate the release of their latest CD, they hold a concert in a London park. The concert is being shown live on television, and is supposed to begin with a fireworks display, organised by Rocket Ltd. Owing to Rocket Ltd’s negligence, there is a huge explosion which demolishes the stage and injures the four band members.

Advise all of the following claimants as to their claims in negligence against Rocket Ltd:

· Alice is Goofey’s fiancée. She has been engaged to Goofey for two years, but does not live with him, because she and Goofey are morally opposed to cohabitation before marriage. She is standing in the audience, at a safe distance from the explosion, when she sees Goofey get all his teeth knocked out by a microphone stand that has been thrown into the air by the blast. She thinks Goofey has been killed. In fact, however, Goofey has only sustained injury to his teeth, and is subsequently fitted with an attractive set of dentures. For months after the event, Alice cannot lead a normal life. She cries every day, and frequently has nightmares in which she dreams that Goofey has died.

· Belinda is Massive’s personal trainer. She is standing backstage when the explosion occurs. She rushes onto the burning stage to try to save her client from being burned alive. Unfortunately, she is too late, and Massive dies in her arms. Belinda, suffers post-traumatic stress disorder as a result of this experience.

· Celine is Badboy’s step-sister. She is not present at the concert, but she sees live television pictures of the explosion. She suffers immediate shock when she sees flames engulf the turntables behind which Badboy is standing. She subsequently becomes an alcoholic and has to give up work.

· Daisy met Spiv two weeks ago in a bar in New York. Acting on impulse, they got married. Daisy is not present at the concert, as she is having dinner with her new lover. She learns about the disaster when a friend sends her a text. She immediately drives to the scene, where she is told by a policeman that Spiv has been taken to hospital. Daisy drives to the hospital, but by the time she gets there Spiv has died. She identifies his body in the hospital mortuary. Daisy has now developed a drug problem which has resulted in a change in her personality. She blames this on the shock of her husband’s death.

Answer: This question is concerned with psychiatric illness. This area of law is not coherent and answers are to be found in “not in logic but in policy”. To succeed in a claim...

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Details: - Mark: 76% | Course: Tort Law | Year: 2nd/3rd | Words: 1880 | References: No | Date written: Not available | Date submitted: November 27, 2012 | Coursework ID: 754

Question: What is a lease?

Answer: By virtue of s 1 of the Law of Property Act 1925, a term of years absolute in possession is one of the two estates in land that may exist either at...

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Details: - Mark: 76% | Course: Land law | Year: 1st | Words: 1764 | References: No | Date written: February, 2009 | Date submitted: April 27, 2009 | Coursework ID: 551

Question: In Hunter v Mann (1974) Boreham J said that a doctor is under a duty not to disclose voluntarily information which he, the doctor, has gained in his professional capacity, save in very exceptional circumstances. However, in practice, it seems that the circumstances in which information about a patient may be disclosed to others is very far from exceptional.’

Critically discuss this statement, with reference both to relevant cases and legislation. 75%

Answer: The duty of confidentiality cannot be an absolute obligation, Siegler argues that preserving it may constrict good administration in hospitals, there must be a degree of flexibility as to all. Scholars like...

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Details: - Mark: 75% | Course: Medical Law | Year: 1st | Words: 1448 | References: No | Date written: Not available | Date submitted: May 06, 2018 | Coursework ID: 1045

Question: ‘The challenging questions about medical confidentiality do not, however, lie in establishing a general duty of confidence, or expectation of privacy, but in determining what amounts to “very exceptional circumstances” justifying breach of that duty.’ (Brazier and Cave, Medicine Patients and the Law).

With reference to this statement critically discuss the extent to which exceptions to the duty to keep confidences raise challenges for the medical profession. 75%

Answer: It is without a doubt that there is no challenge in establishing a general duty of confidence especially in the area of medical law, confidentiality has its roots traced back to the...

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Details: - Mark: 75% | Course: Medical Law | Year: 1st | Words: 1836 | References: No | Date written: Not available | Date submitted: May 06, 2018 | Coursework ID: 1044

Question: TMA 03 The Law reform (frustrated contract) Act 1943 has addressed the inadequacy of common law when dealing with the apportionment of loss between parties. Evaluate this statement.

Mark 75%, W202 Contract law and tort law

Answer: To evaluate this statement, we need to look at what is a frustrated contract and what are accepted as frustrations to the contract. Also, look at the common law that was used...

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Details: - Mark: 75% | Course: Contract Law | Year: 2nd/3rd | Words: 2484 | References: Yes | Date written: December, 2016 | Date submitted: March 08, 2017 | Coursework ID: 1007

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.

Advise Jesse.

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...

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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 [1989] 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...

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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...

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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....

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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: “Like the peasant lands of a few centuries ago, cyberspace is currently a commons....”
(Lindenshmidt, 2004)

Describe and distinguish between the main features of the “creative commons” and “copyleft” movements, and critically evaluate the viability of such idealistic movements in a time of global recession and political conflict.

Creative Commons and Copyleft Assignment
Intellectual Property Individual Assignment

Abstract: This assignment discusses the different facets of the two Anti-Copyright movements, their strengths and their weaknesses in practice. It will also attempt to show what critiques and supporters view the licensing systems.

Answer: Indeed the Internet has become a worldwide global phenomenon, giving everyone access to a wide range of information. The Internet has allowed people to communicate, organize, and mobilize more quickly and efficiently...

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Details: - Mark: 75% | Course: Intellectual Property Law | Year: 2nd/3rd | Words: 1618 | References: Yes | Date written: February, 2010 | Date submitted: December 05, 2011 | Coursework ID: 703

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