Home > All categories

All categories

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...

Read more of the answer →

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.

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...

Read more of the answer →

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...

Read more of the answer →

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...

Read more of the answer →

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...

Read more of the answer →

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

Question: The City of Coventry decided, some time ago, to celebrate its long history with a parade and pageant through the streets of the town on May Day. The parade was to include a rather scantily dressed Lady Godiva, on horseback, as well as characters from the city’s more recent history.

Martin, a local businessman, thought it would be a good idea to celebrate his wife Lesley’s birthday in style, so he booked a suite of rooms in the Royal Mercia Hotel for the party, overlooking the route which the parade was expected to take. It was agreed that the hotel would provide food and drink for the party. He paid a deposit of £500, making it clear that he wanted a room to see the procession.

There had been a fair bit of agitation against the procession in the city, particularly form a group calling itself “Women Against Exploitation” who regarded the parade as outrageously sexist and called for it to be banned. Two days before it was due to take place, Coventry City Council bowed to pressure and called the entire event off.

When Martin heard this, he called the Royal Mercia Hotel and said he was no longer interested in hiring the room. The hotel replied that as far as they were concerned the booking still stood and they would go ahead and provide the catering for Martin’s wife’s birthday as agreed.

Martin and his guests did not attend on the day in question. Nevertheless the hotel sent him a bill. He counterclaimed for the return of his deposit. Miss Tessa Smith, who was employed for the day to play the part of Lady Godiva, is suing Coventry City Council for breach of contract.

Advise Martin and Coventry City Council.

Answer: The frustration of a contract occurs where an uncontrolled external event, which is not influenced by either party, renders any further performance of the contract impossible (Taylor v Caldwell), or radically different...

Read more of the answer →

Details: - Mark: 73% | Course: Contract Law | Year: 1st | Words: 2335 | References: Yes | Date written: November, 2009 | Date submitted: September 27, 2010 | Coursework ID: 619

Question: Does English law recognise a general defence of necessity?

Answer: The general defence of necessity, in English law, recognises that there may be situations of such an overwhelming urgency, that a defendant maybe excused breaking the law. There have been very few...

Read more of the answer →

Details: - Mark: 73% | Course: Criminal Law | Year: 2nd/3rd | Words: 2172 | References: No | Date written: May, 2009 | Date submitted: December 02, 2009 | Coursework ID: 582

Question: ‘Any sensible occupier will exclude the onerous duty of care that he owes to
both visitors and non-visitors as regards his occupation of premises.’

Assess the accuracy of this statement.

Answer: The first area to be considered is the duty of care that an occupier of premises owes to his lawful visitors. This area is governed by the Occupiers’ Liability Act 1957, which,...

Read more of the answer →

Details: - Mark: 73% | Course: Tort Law | Year: 2nd/3rd | Words: 2249 | References: No | Date written: March, 2009 | Date submitted: September 01, 2009 | Coursework ID: 567

Question: To what extent is it possible to predict the circumstances in which a plea of
proprietary estoppel will be successful and the consequences thereof for the person against whom the estoppel operates?

Answer: The exact purpose or role of proprietary estoppel is a matter of some debate. On the one hand, and in similar fashion to the related doctrine of promissory estoppel, proprietary estoppel can...

Read more of the answer →

Details: - Mark: 73% | Course: Land law | Year: 2nd/3rd | Words: 2007 | References: No | Date written: November, 2008 | Date submitted: January 27, 2009 | Coursework ID: 548


Barry is a retired lorry driver who has just set up his own distribution service called 'Deliveries R Us'. Pencilbox PLC, his first customers, want to use Barry's service to deliver stationery to some of their retail outlets. They reached an agreement and a contract was signed whereby Barry would deliver a minimum of 3000 boxes of stationery for Pencilbox over the next 12 months. The contract was to commence on the 1st April. No maximum figure was specified in the contracts and a delivery charge of £1.00 per box was laid down by Barry.

Barry expected to deliver a higher amount than the minimum specified and so decided to take out a bank loan in order to upgrade his existing fleet of lorries.

However six months later, Pencilbox pic wanted to renegotiate the delivery charge threatening immediate withdrawal unless the charge was reduced to 50p per box. They also told him that they wanted him to enter a three year contract with 'Gadgets Ltd' a subsidiary of Pencilbox pic or they would terminate their business arrangement with his distribution service.

Barry has found that his distribution service hasn't been as busy as he believed it would be and so agreed to the new arrangements as he didn't want to lose their custom even though he was aware he would be making a lose on the contract with Gadgets Ltd.

Barry has asked for your advice. You are a junior partner of Patel and Brown Solicitors and have been asked by your senior to write a report on whether he can claim the lost monies for every delivery he made on the grounds that the modification made to the contract was due to improper pressure.

Answer: Regarding: Duress - For a contract to be binding the parties must voluntarily consent to it. Therefore if one party is forced to make the contract by violence or the threat of...

Read more of the answer →

Details: - Mark: 73% | Course: Contract Law | Year: 2nd/3rd | Words: 4749 | References: Yes | Date written: March, 2007 | Date submitted: April 18, 2009 | Coursework ID: 474

Page 5 of 61« 2 3 4 56 7 8 »

New user?

Registering is fast
and easy

Welcome back

Gain access

  1. Register with us
  2. Pay for instant access
  3. Or submit 3 pieces
    of your work for
    free access


Adobe Reader is required to access all coursework & essays. (pdf)
PayPal handles payments on our behalf. All major credit cards and currencies accepted.
A PayPal account is not nessesary.