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Question: BA Hons Law 2nd Year - Course Unit - Criminal Law - With reference to the rationale of the defence and its parameters consider critically the courts’ unwillingness to accept duress as a defence to murder.

Answer: It has long been a principle of English law that duress cannot be a defence to murder. According to Blackstone, a person under duress “ought rather to die himself than escape by...


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Details: - Mark: 75% | Course: Criminal Law | Year: 2nd/3rd | Words: 1819 | References: No | Date written: October, 2009 | Date submitted: January 18, 2010 | Coursework ID: 583

Question: 1st YEAR - CONTRACT LAW - CASE STUDY

Bigstore Furniture Ltd (“Bigstore”) is a retailer of household furniture. The company announced its summer sale on 1 July 2009 by placing the following advertisement in several national daily newspapers in the UK.

BIGSTORE’S SUMMER MEGASALE!
Prices cut by up to 70%!
Special offer! Anyone purchasing an Italia leather three-seater sofa by cash or credit card at the reduced price of £750 will receive an Italia leather two-seater sofa priced at £500 in the sale absolutely free of charge!
This offer is available at all our stores until 31st August 2009.

(The advertisement concluded by listing in small print all the company’s stores throughout
the country.)

On 5 August 2009 Susan took a copy of the advertisement with her and called at her local
Bigstore to inspect the Italia sofas. She spoke to Ben, the Sales Manager, and told him that
she had decided to purchase the sofas subject to first talking this over with her husband. Ben told Susan that the company only had a limited number of two-seaters so it was agreed that she would leave £100 in return for his agreement to hold the sofas for 48 hours. Ben told her that he would deduct the £100 from the purchase price if Susan went ahead with the
purchase within that time period.

On 7 August 2009 Susan called at the store to purchase the sofas and spoke to Ben who was
very apologetic but explained that his staff had forgotten to reserve the sofas for her. He
explained that in any event the two-seaters were “subject to availability” (as stated in
various notices around the store), and the company had now run out of them. Ben also said
that “…obviously the two-seaters were a free gift and were subject to availability.” He
pointed out that the Italia three-seater sofa was still available but the price had now gone
back up to £2,500.

By reference to case law and statute or your own examples where appropriate:

(a) Explain the elements of a unilateral offer and how such an offer may be accepted.

(b) Explain whether the advert amounts to an offer or an invitation to treat in respect of
(i) the three-seater sofas;
(ii) the two-seater sofas

(c) Explain with reasons what Susan purchased by paying GBP 100 on 5 August 2009. Was Susan entitled to have the GBP 100 deducted from the purchase price even if Ben had not agreed to do so?

(d) Explain whether those who purchased a three-seater sofa were contractually entitled to receive a two-seater as well or whether Ben was correct in stating “obviously the two-seaters were a free gift…..”

(e) Explain with reasons whether Bigstore has acted in breach of contract despite the notices which state that the two-seaters were “subject to availability"?

Answer: Whereas normally a valid agreement should comprise of offer and acceptance, with advertisements the general rule is that they are not offers but statements inviting further negotiations or invitations to treat with...


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Details: - Mark: 75% | Course: Contract Law | Year: 1st | Words: 2189 | References: Yes | Date written: March, 2009 | Date submitted: December 16, 2009 | Coursework ID: 552

Question: What is the difference between civil wrong doing and a crime?

Answer: Law is a body of rules that govern a society, a characteristic that is common of all societies (Law, 2009). The English Legal System is split into various categories; one of these...


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Details: - Mark: 75% | Course: English Legal System | Year: 1st | Words: 2214 | References: Yes | Date written: October, 2009 | Date submitted: December 09, 2009 | Coursework ID: 540

Question: Consider critically and analytically the extent to which the law and social policy in England and Wales serves to address and promote the needs of disabled children.

Answer: There is little doubt that disabled children represent some of the most vulnerable members of our society and as a distinct and identifiable group, their needs have historically been given less attention...


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Details: - Mark: 75% | Course: Family Law | Year: 2nd/3rd | Words: 5520 | References: Yes | Date written: April, 2000 | Date submitted: February 20, 2009 | Coursework ID: 442

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: Analyse the extent of consent and when its required in relation to Rosanna giving consideration to both legal and ethical issues. (Problem question text not available)

Year 3 LLB Law undergraduate

Answer: In order for consent to be valid the patient must have capacity, sufficient information and made voluntarily. Consent is important as it’s an essential prerequisite for medical treatment; a competent adult must...


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Details: - Mark: 74% | Course: Medical Law | Year: 2nd/3rd | Words: 2978 | References: Yes | Date written: November, 2012 | Date submitted: January 05, 2014 | Coursework ID: 827

Question: Explain the differences between ‘duress’ and ‘undue influence’. Do both categories
together amount to a law against unconscionable contracts?

Answer: Duress and undue influence are connected, in that they both deal with a state of affairs in which a person enters into a contract when, if left to his or her own...


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Details: - Mark: 74% | Course: Contract Law | Year: 1st | Words: 1706 | References: Yes | Date written: March, 2009 | Date submitted: October 19, 2010 | Coursework ID: 799

Question: In Glasgow Corporation v. Muir [1943] 2 A.C. 448, Lord Macmillan said:

“The standard of foresight of the reasonable man is in one sense an impersonal test. . . Some persons are by nature unduly timorous and imagine every path beset with lions; others, of more robust temperament, fail to foresee or nonchalantly disregard even the most obvious dangers. The reasonable man is presumed to be free both from over-apprehension and from over confidence.”

In the light of this statement, and with reference to decided cases, examine the factors to which the courts commonly have regard in determining the standard of care in negligence.

Answer: To succeed in a negligence claim, there has to be a breach of duty. There is a breach of duty, if the defendant did not exercise the standard of care expected of...


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Details: - Mark: 74% | Course: Tort Law | Year: 2nd/3rd | Words: 1217 | References: No | Date written: Not available | Date submitted: November 27, 2012 | Coursework ID: 752

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


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