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Question: 'Due to some of the difficulties of bringing an action in negligence, the tort of misfeasance in public office has recently become a popular alternative cause of action.’

Discuss the above statement, with particular reference to the scope of the tort
of misfeasance in public office.

Answer: The use of the tort of negligence by claimants attempting to recover for any loss they have experienced, may find numerous difficulties in establishing their cause of action....


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Details: - Mark: 74% | Course: Tort Law | Year: 1st | Words: 1315 | References: No | Date written: February, 2009 | Date submitted: March 27, 2009 | Coursework ID: 560

Question: LAND LAW CASE STUDY: Paula and Paul, brother and sister, have recently discovered that their l7 year-old nephew Frank has been orphaned in a road accident and that they are his legal guardians. In anticipation of Frank coming to live with them, they decide to buy a bigger house with their savings and with some of the money left to Frank by his parents over which they have lawful control until Frank is 18. The new house, title to which is unregistered at all material times, is expressly conveyed into their joint names as legal and equitable joint tenants. There is no mention of the fact that Frank’s money was also used. Frank arrives and Paula and Paul employ a live-in personal tutor, Matilda. Matilda lives in a self-contained part of the house for which she pays Paula and Paul £70 a week. Unknown to Matilda and Frank,
Paula and Paul sell the property to Perry. Perry is told, and believes, that Frank and Matilda are the vendors children.

Advise Frank (who is now 18) and Matilda as to their right to stay in the
property. Is the law in this area satisfactory?

Answer: In this problem, we are faced with the difficulties that can arise from the operation of the trust of land and the overreaching provisions of the Law of Property Act (LPA) 1925...


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Details: - Mark: 74% | Course: Land law | Year: 2nd/3rd | Words: 1810 | References: No | Date written: December, 2008 | Date submitted: April 27, 2009 | Coursework ID: 543

Question: CONTRACT LAW CASE STUDY / SCENARIO

TASK 1
Mrs. Turner has decided to start her own business running a private day nursery. It is
necessary for her to find appropriate premises. She sees a detached house, which would be
appropriate, on the market for £200.000. After having viewed the property she decides to make a bid for the property for £150,000. The sellers state clearly however that they will only accept £180,000.

Mrs. Turner then sees another property on the market for £250,000. She offers the asking price for this and it is accepted 'subject to contract.'

However a week later the sellers of the first property contact Mrs. Turner again stating that they have reconsidered are now happy to accept her bid for £150,000.

Your supervisor has requested that you research the relevant issues and compile a report for her attention which, outlines your findings.

TASK 2
Mrs. Turner has now purchased a suitable property and is now purchasing the necessary items required to run her nursery. She looks on a website and sees cots and high chairs advertised for sale by a company named Babies R Us, on the 1st October 2003, requesting twenty cots and twenty high chairs, requesting a reply by the 21st November 2003.

She received a reply by post, confirming the order, on the 1st December 2003. This was postmarked 20th November. However on the 30th November, Mrs. Turner had assumed that Babies R Us were unlikely to reply and therefore, entered into a contract with a rival company.

Mrs. Turner has made an appointment to see you to gain advice relating to the above problem.
Equally, she would appreciate some advice relating to the formation of contracts by e-mail.

TASK 3
Mrs. Turner's nursery has now opened and has recruited well. She is concerned as to the
different types of liabilities, which she may be affected by during the course of her business and would appreciate it if you could write to her regarding this.

Explain the different types of liabilities and along with examples.

Answer: To establish whether or not Mrs Turner has entered into two contracts first off all we have to look at what makes a contract and what type of offer was made to...


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Details: - Mark: 74% | Course: Contract Law | Year: 1st | Words: 3247 | References: Yes | Date written: October, 2007 | Date submitted: April 18, 2009 | Coursework ID: 471

Question: “Although the Suzen decision has been described as involving a shift of
emphasis or a clarification of the law, nothing was said in Suzen which casts
doubt on the correctness of the interpretation of the Directive in… earlier
decisions… The importance of Suzen [has], I think, been overstated”.1
Analyse the law relating to transfers of undertakings. To what extent do you
agree with the statement of Mummery LJ?

Answer: At common law, a contract of employment was a personal contract between the employer and the employee; when that relationship ceased, the contract of employment came to an end. Thus if a...


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Details: - Mark: 74% | Course: Enviromental Law | Year: 2nd/3rd | Words: 3499 | References: Yes | Date written: April, 1999 | Date submitted: February 15, 2009 | Coursework ID: 208

Question: To what extent have the courts recognised contractual licences as interests in land? Why is the issue important?

Answer: A licence is classically defined in Thomas v Sorrell (1675) as a permission to use land belonging to another which, without such permission, would amount to a trespass. It is the consent...


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Details: - Mark: 74% | Course: Land law | Year: 2nd/3rd | Words: 2109 | References: No | Date written: February, 2009 | Date submitted: April 27, 2009 | Coursework ID: 547

Question: In what circumstances may the burden of a freehold covenant pass to a successor in title of the original covenantor?

Answer: It is a general principle of English law that, while the benefit of a contract can be assigned to a third party, the burden of a contract cannot. In the law of...


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Details: - Mark: 74% | Course: Land law | Year: 2nd/3rd | Words: 1368 | References: No | Date written: February, 2009 | Date submitted: April 27, 2009 | Coursework ID: 550

Question: With reference to the scenario below, critically discuss the importance of instant and electronic communications in contract law and how this may affect the “postal rule”, if at all.

You must answer the following question:
Andre is a self-employed kitchen designer who deals mainly in high specification kitchens aimed at the booming home catering market. He has worked for a number of competitors from the Northern Irish Bake-In Show and the Masterclass Chef television programme and recently his firm fitted a kitchen for the international winner of “Who would eat with me”. He has a fairly large business employing several staff. He has recently acquired a consignment of hand-cut maple wood and knows of several potential purchasers who would compete with one another to buy a handmade kitchen using this wood.

On 2nd May he wrote to Jamie in the following terms: "I have just taken delivery of hand-cut maple wood sufficient for one bespoke kitchen and can offer it to my clients for the sum of £31,500. If you are interested please reply by return of post." He sent the same letter to Gino and Mary.
At 2.15 p.m. on 3rd May, by first class post, Jamie replied, "In cash I could only give you £20,500 for the kitchen, but if you will accept this, I will have my next television show filmed in the kitchen and mention your name. For this, I would do a top notch product placement mention for you."
Just as he was leaving his office that evening, Jamie received a very good offer to film his next show in a local school kitchen. In consequence, he stayed on late and at 7.20 p.m. he sent a FAX to Andre which read, "Disregard letter, I will definitely accept your offer of £31,500 for the kitchen."
This FAX message from Jamie was received on the machine in Andre’s general office but while it had been left on, it was not filled with paper and therefore no faxes were printed out.

Mary has decided that she is now too old to change her kitchen and does not respond to the letter. However Gino is thinking of updating his home and emails Andre on 3rd May at 9.00 am saying “I accept, will call with you tomorrow to sign the formalities”. Unfortunately Andre has lost his internet connection due to a fault with his computer system and does not read this email until after Gino arrives to sign the contract as the business opens on the 4th May. But when Andre is faced with Gino and after reading the email he agrees to sell him the kitchen.

It is when Andre goes to get the standard form contract for Gino to sign that he notices the fax machine is out of paper, he loads the paper tray, waits until the faxes are printed out and then at that point reads the fax from Jamie.

Requirement
With reference to the above scenario, critically discuss the importance of instant and electronic communications in contract law and how this may affect the “postal rule”, if at all.

Answer: There are generally four elements required to form a contract; offer and acceptance, certainty, an intention to create legal relations and consideration. In this scenario, the important issue, in terms of the...


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Details: - Mark: 73% | Course: Contract Law | Year: 1st | Words: 1652 | References: Yes | Date written: March, 2014 | Date submitted: November 25, 2015 | Coursework ID: 938

Question: Problem Scenario

A new client called Dangerous Sports Plc (DSP). DSP is the parent company in a group of companies which specialises in offering risky sporting events to travellers in the UK.

DSP provides all the administrative support for the group and it receives most of the profits from the group's subsidiaries. David Matthews is the Managing Director of DSP and runs the group.

DSP holds all of the shares in two wholly-owned subsidiaries in the UK and one wholly-owned subsidiary in New Zealand. The two UK subsidiaries are Wildfire Rafting Ltd (WRL) and Courageous Caving Ltd (CCL). The New Zealand subsidiary is called Barmy Bungee Ltd (BBL).

The following is a series of excerpts from the initial interview with David Matthews.

DM: I don't know what to do. It feels like all my hard work with this group is starting to fall apart.

Let me tell you the worst news first. There was a terrible accident at BBL - a party of six British tourists were all injured by a faulty bungee rope. I blame the temporary staff which BBL had hired, for not checking the bungee rope, but the tourists are proceeding with an action against DSP in the UK. Can they do this? Me and the DSP team have been on some trips to see the operation of BBL, and we have given them some advice in the past, but they were pretty much running the company independently of us. So why are the British tourists bringing an action against DSP?
Also, I am worried about a long-standing matter connected to WRL.

A young man called James was hurt in a white water rafting accident due to the negligence of some staff of WRL who were acting under the authority of the then Managing Director of WRL, Richard. James brought a successful action against WRL, but it turned out that WRL had no assets by this point. Richard had been trying to run WRL down, because he knew that the claim would break the company and he told me that he didn't want to give James the satisfaction of taking WRL's money. He transferred some of the money to another company which Richard's wife owns, called Active Breaks Ltd. And the rest of the money was transferred to DSP (which we were happy about as DSP was having some cash-flow problems at the time). I've heard that James is taking further legal advice and now I'm worried that DSP might suffer because of Richard's actions.

Finally, we have bad news from CCL. We recently found out that CCL has been put into insolvent liquidation. During the months before its liquidation, the Managing Director of the company, Linda, had been making increasingly bizarre attempts to keep the company afloat, including spending huge sums on advertising. She also made some outrageous claims about the company's ability to fulfil some large contracts for holiday companies, and as a result secured several large deals which were then breached by CCL. We are wondering whether the liquidator or the holiday companies could place any of the blame on her, as she has loads of cash and DSP is still hoping to recover some of CCL's assets after all the creditors have been paid.

Please prepare some written advice for David Matthews.

Answer: Solution - Counsel to David Matthews The following analysis is devoted to examination of the issues confronting Dangerous Sports Plc. and provides advice pertinent to their resolution at law. Source utilization embraces...


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Details: - Mark: 73% | Course: Company Law | Year: 2nd/3rd | Words: 2044 | References: Yes | Date written: January, 2013 | Date submitted: November 04, 2014 | Coursework ID: 886

Question: Critically examine the new law on land registration. What are the principal differences to the Land Registration Act 1925? Will the new law achieve the aims of its progenitors?

Answer: In considering how to write this essay it came to mind that there were two ways in which to interpret the above question. One interpretation would be that in order to answer...


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Details: - Mark: 73% | Course: Land law | Year: 2nd/3rd | Words: 1780 | References: No | Date written: October, 2004 | Date submitted: March 29, 2011 | Coursework ID: 656

Question: Critically evaluate the role of expert witnesses in court. Why is their use subject to regulation?

Answer: Expert witnesses are used in court because of their superior knowledge, training or experience in a particular area. The evidence presented before the courts is sometimes complex and cannot be reliably understood...


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Details: - Mark: 73% | Course: English Legal System | Year: 1st | Words: 1144 | References: No | Date written: January, 2009 | Date submitted: March 17, 2011 | Coursework ID: 653


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