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Question: “Courts have been reluctant to extend copyright protection to titles.”

Discuss.

Intellectual Property Law
2015/2016: Coursework I
Words Limit: 1000 [including footnotes, but excluding bibliography].

Answer: In land law, when a property is purchased by more than one person, it is classed as a co-ownership. The interest of the co-owners would automatically be held under a trust, making...


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Details: - Mark: Not available | Course: Intellectual Property Law | Year: 2nd/3rd | Words: 1222 | References: Yes | Date written: January, 2016 | Date submitted: April 17, 2016 | Coursework ID: 961

Question: Why is the right to sue in private nuisance now restricted to those who have a proprietary interest in the land affected? Do you agree with the rule?

Answer: Private nuisance is an unreasonable interference with another’s use or enjoyment of land. This interference may be deliberate or accidental, and there is no need for the claimant to prove negligence to...


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Details: - Mark: 65% | Course: Tort Law | Year: 2nd/3rd | Words: 555 | References: No | Date written: January, 2014 | Date submitted: April 01, 2016 | Coursework ID: 960

Question: “A company should always be liable for the acts of its employee if a tort is committed by the employee while at work”

Explain the validity of this statement with reference to case law.

Answer: Vicarious Liability is a situation where a person is liable for torts committed by a third party to the claimant. This does not mean that the third party involved is not liable,...


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Details: - Mark: 65% | Course: Tort Law | Year: 2nd/3rd | Words: 815 | References: No | Date written: January, 2014 | Date submitted: April 01, 2016 | Coursework ID: 959

Question: “A fiduciary owes a duty of exclusive loyalty to his principal. This duty of loyalty applies to prevent the fiduciary abusing his position. It operates to deter fiduciaries from acting in breach and to provide restitution for the principal if the breach is committed. Where the fiduciary is a trustee the potential for abuse of position arises because the trustee may use his powers of management over the trust property for his own benefit rather in the best interest of the beneficiaries.”
Millet LJ, Bristol and West Building Society v Mothew [1998] Ch 1

Discuss this statement with reference to relevant case law and secondary sources. How have the courts applied the exclusive loyalty rule to the position of trustees? Do you think it is too strict?

Answer: In Mothew the prominent factor in the relationship between the fiduciary and principal is “Loyalty,” Millet LJ stated that the Fiduciary must act in “good faith,” and “he must not make a...


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Details: - Mark: 67% | Course: Equity and Trust Law | Year: 2nd/3rd | Words: 1613 | References: No | Date written: January, 2014 | Date submitted: April 01, 2016 | Coursework ID: 958

Question: Select one clause from the Magna Carta and discuss how it is relevant today.

(Clause 39 “No freeman shall be arrested or imprisoned or deprived of his freehold or outlawed or banished or in any way ruined, nor will we take or order action against him, except by the lawful judgment of his equals and according to the law of the land”.)

Answer: The Magna Carta, meaning ‘Great Charter’ is a written document that was sealed by King John of England on 15th June 1215 at Runnymede. It was signed as an instrument of peace...


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Details: - Mark: Not available | Course: Constitutional and Administrative Law | Year: 2nd/3rd | Words: 2555 | References: Yes | Date written: November, 2015 | Date submitted: February 01, 2016 | Coursework ID: 951

Question: Tort Problem Question: Luke had just obtained his driving licence and borrowed his father’s car to take his girlfriend Jane on a trip to the coast. Luke and Jane got into the car whilst Jane’s mother Amy saw them off from the balcony of her flat. Jane turned around in the front seat to wave to her mother. To do so she took off her safety belt and twisted around. Luke was trying to show off by pulling away at such a high speed that he left black tyre marks on the road. He got distracted by Jane’s movement and because he was travelling so fast, he lost control of the car, and it crashed into the pavement and a tree. Jane was flung through the windscreen and obtained multiple broken bones and severe lacerations to her face. Luke, who was wearing his seatbelt, suffered only a few bruises.

Jane will have to undergo extensive cosmetic surgery and the doctors told her that although they would do the best they can, there was unfortunately no way she would be able to continue pursuing her dream of becoming a fashion model. Jane was due to sign, the day after the crash, a modelling contract which would have earned her £2million. Because of her injuries she now cannot pursue this.

Amy, Jane’s mom, saw the whole accident from the balcony of her flat. Seeing her teenage daughter flung through the windscreen of the car and then severely injured gave her a massive shock. She became so depressed that she had to stop working as a primary school teacher. Her GP diagnosed her with post-traumatic stress disorder.

Advise Luke as to his possible liability and defences in negligence.

Answer: The issue is to advise Luke as to his potential liability as a driver in negligence to Jane and Amy. His actions will be assessed according to the principles of negligence in...


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Details: - Mark: Not available | Course: Tort Law | Year: 2nd/3rd | Words: 1390 | References: Yes | Date written: January, 2015 | Date submitted: February 01, 2016 | Coursework ID: 950

Question: Last week a large number of environmental campaigners held a large scale demonstration at a coal-fired power station, owned by Berkshire Power plc (BPP). The demonstration was orchestrated by the pressure group ‘Save the Planet’ and was designed to highlight the contribution of such plants to climate change. A number of incidents ensued.

One of the protestors, Ahmed, attempted to climb over the perimeter fence. Bert, a security guard employed by BPP, grabbed Ahmed by his ankles and pulled him off the fence. Ahmed fell awkwardly and broke his arm. Cecily, another of the protestors, took photographs of Bert and later posted them on ‘Save the Planet’s’ website with the caption ‘If you know who this man is and where he lives let us know and someone shall pay him a visit.’

A large group of protestors gathered at the entrance to the power station. 150 police officers from the Berkshire Constabulary were deployed to hold the crowd back. A number of protesters hurled rocks and other missiles at the cabs of lorries making coal deliveries to the plant but, as a result of the police cordon, the missiles could not reach their targets. Nevertheless, one of the drivers, Dan, was greatly upset by what he had seen and feared for his safety.

One of the rocks, thrown by Ed, accidently hit another protestor, Fred, on the head. Fred was treated at the scene by a paramedic, Gina. Fred has a fear of needles and tried to fight off Gina when she attempted to administer an injection. Gina, thinking that Fred was delirious, ordered that he be held down whilst she made another attempt to administer the injection.

The police cordon was maintained for several hours with the result that Henrietta, a reporter covering the demonstration for a newspaper, was trapped and could not go home.

Consider what liabilities may arise from this scenario in trespass to the person.

Answer: Trespass to the person Introduction Trespass to the person involves direct interference with a person’s body or liberty and in its original legal meaning “trespass meant no more than wrong.” In other...


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Details: - Mark: Not available | Course: Criminal Law | Year: 2nd/3rd | Words: 1243 | References: Yes | Date written: January, 2015 | Date submitted: December 17, 2015 | Coursework ID: 947

Question: Land Law is required to draw a careful balance between, on one hand enabling the fragmentation of interests in land to enable exploitation of a limited resource and, on the other ensuring that the land does not become overburdened and, therefore unmarketable.

How Successful do you consider English land law has been in drawing this balance?

Answer: Land is a scarce and limited resource. The role of land has increased dramatically since the industrial revolution and the rise of limited liability companies. English land law is aimed at securing...


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Details: - Mark: Not available | Course: Land law | Year: 2nd/3rd | Words: 2069 | References: Yes | Date written: January, 2015 | Date submitted: December 17, 2015 | Coursework ID: 946

Question: Legal theorist Jeremy Waldron has described the rule of law as an "essentially contested concept."

Critically evaluate the British adherence to the rule of law, in light of Jeremy Waldron’s description of the same, paying special attention to the United Kingdom’s recent laws on terrorism.

Introduction 2-3
A.V Dicey Rules of Law 4-6
Lord Bingham Rules of Law 7-8
Developments of Anti-Terrorism Act in UK 9-10
Anti-Terrorism Act and AV Dicey Concept 11-12
Anti-Terrorism Act and Bingham Concept 12-14
Guantanamo Bay and Rules of Law 15-16
Conclusion 17
Bibliography 18-20

Answer: There is a paradox at the heart of the rule of law. That ideal demands certainty and condemns ambiguity in the law. But that is great uncertainty and alleged ambiguity in the...


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Details: - Mark: Not available | Course: Commercial Law | Year: 2nd/3rd | Words: 3120 | References: Yes | Date written: April, 2015 | Date submitted: December 08, 2015 | Coursework ID: 944

Question: Does English law deal consistently with the drug supplier whose client dies after a voluntary self-injection?

Answer: It is estimated that up to 3.000 deaths per year result due to drug overdose . The question of who should bear liability for these deaths inevitably arises. Undoubtedly the drug supplier...


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Details: - Mark: Not available | Course: Criminal Law | Year: 2nd/3rd | Words: 1987 | References: Yes | Date written: October, 2014 | Date submitted: November 02, 2015 | Coursework ID: 936


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