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Question: Problem Question: Jock has bought a new motorcycle, a 1,450cc Harley Davidson, having traded in his 50cc scooter, and decides to go and show his friend, Julia. She is very impressed with the large and shiny bike and asks for a ride, but unfortunately, neither she nor Jock have a crash helmet for her; she is insistent, and Jock finally gives in and, against his better judgement, agrees to let her ride pillion.

Once on the road, however, he starts to speed up and is oblivious to her asking him to slow
down as the wind makes it difficult to hear her. They reach a stretch of road where there are a lot of trees and bends, but Jock does not slow down as they come round a blind bend at
Cotterell Farm, where the farmer, Mr Cotterell, is crossing the road with his small
grandson, Nick.

Jock hits the brakes, swerves, and misses them, but crashes through the drystone wall. Julia
is thrown from the bike and suffers severe head injuries and bruising to the body, Jock is
only bruised. Mr Cotterell and Nick were unhurt, however Mrs Cotterell rushes out of the
farmhouse, sees the bike and runs towards it, thinking her grandson and husband have been
injured. As she crosses the road without stopping to look, a car, being driven at nearly 70
mph by Penny, swerves but cannot avoid her and she is killed instantly. Penny's car runs
into a wall, is badly damaged and she suffers a broken arm.

Advise the different parties as to their tortious liabilities.

Answer: The law of negligence is a tort which generally exists to provide compensation if someone is harmed by another person’s wrongful act or omission. The preliminary criteria still used today was established...


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Details: - Mark: Not available | Course: Tort Law | Year: 2nd/3rd | Words: 4028 | References: Yes | Date written: December, 2005 | Date submitted: February 22, 2014 | Coursework ID: 840

Question: CASE STUDY: Khans Ltd. has ten shareholders, all of whom has an equal shareholding. Two shareholders. A Ian and Tariq are the directors of the company.
(1) What is the legal position if the directors enter into a contract for the purchase of a farm. The company's objects cover manufacturing sportswear.
(2) Whether the company's Articles of Associations are legally binding on the company. The Articles state that James Smith will be a director of the company for life. He also had a separate contract as managing director. Last month the members voted to include an Article that said that directors appointed for life could be removed by ordinary resolution. The company then told him that he could no longer be managing director. Advise the directors on the legal position regarding an application to court by Mr. Smith.
(3) The company is considering raising more capital. Advise the directors on the respective advantages and disadvantages of ordinary shares, preference shares, redeemable shares and debentures.
(4) The directors have asked for your advice on the legal position of personal representative on the death of a shareholder. Also, does the company have to put them on the register of shareholders?

Answer: (1) (Regarding: Memorandum of association and objects clause.) For a company to be incorporated it needs a memorandum of association s.1 and 2 of The Company Act 1985 and since 1856 successive...


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Details: - Mark: 68% | Course: Commercial Law | Year: 2nd/3rd | Words: 4013 | References: Yes | Date written: November, 2007 | Date submitted: April 18, 2009 | Coursework ID: 468

Question: Ruth is a heroin addict and works as a prostitute to pay for her addiction. She has two children, Daniel aged 13, and Ellie aged 2. Ruth has never been married, nor has she ever entered into a parental responsibility agreement with either of the children’s fathers. She does not know who Daniel’s father is. Ellie’s father is also a heroin addict. He has no interest in his daughter................Advise Ruth as to what powers the Local Authority has in terms of protection for the children. Advise as to both the short term and long term options. (You are not required to consider adoption)

Answer: In answering this question, the relevant statute that applies is the Children Act 1989 which deals with the local authorities and their powers of intervention. In order for the child to be...


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Details: - Mark: 68% | Course: Family Law | Year: 2nd/3rd | Words: 3972 | References: Yes | Date written: Not available | Date submitted: July 07, 2009 | Coursework ID: 517

Question: CONSUMER LAW ASSIGNMENT 1
TASK ONE

Nazia is a student at Bradford College. Recently she bought an alarm clock from Price Right Stores. It cost twenty pounds but was not supplied with batteries. She uses it for several months without any problems.

Nazia booked a holiday to Turkey and set the alarm to go off at 5 a.m. on the day of departure. The alarm doesn't work and she oversleeps by several hours. She ends up missing the flight and having to pay for another flight in order to reach her destination.

She also bought a beaded evening bag from Price Right Stores for use at the Bradford College Ball. She is embarrassed when some of the beads fall off during the evening and the handle breaks.

Write a letter to Nazia advising her of her rights and remedies in respect of
Price Right Stores.

Answer: TASK 1: I am writing to you in regards to your inquiries regarding the alarm clock and the beaded bag from price right stores. From the information provided it is clear that...


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Details: - Mark: 72% | Course: Contract Law | Year: 2nd/3rd | Words: 3949 | References: Yes | Date written: March, 2008 | Date submitted: April 18, 2009 | Coursework ID: 469

Question: Critical analysis of three main defences of voluntary manslaughter for women defendants who kill their partners.

Answer: For this assignment the focus will be upon critical analysis of three main defences of voluntary manslaughter for women defendants who kill their partners. The work will demonstrate, self-defence, provocation and diminished...


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Details: - Mark: 64% | Course: Criminal Law | Year: 2nd/3rd | Words: 3899 | References: No | Date written: Not available | Date submitted: February 18, 2009 | Coursework ID: 323

Question: Discuss the current debates in relation to contact orders and the absent parent.

Answer: The aim of the Children’s Act 1989 was to simplify the law relating to children, making it more consistent and flexible. In essence the objective was to make the law more appropriate...


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Details: - Mark: 63% | Course: Family Law | Year: 2nd/3rd | Words: 3873 | References: Yes | Date written: November, 2004 | Date submitted: February 20, 2009 | Coursework ID: 377

Question: Do companies have complete freedom to act? Analyse the doctrine of ultra vires and the proposed reforms in the Companies Bill designed to grant companies full capacity.

Answer: The doctrine of ultra vires has been fervently debated for many years since its conception in the 19th century, and has caused widespread confusion within the sphere of company law. It will...


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Details: - Mark: 66% | Course: Commercial Law | Year: 2nd/3rd | Words: 3827 | References: Yes | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 58

Question: “...duress does not negate the existence of consent but is based upon a finding that the victim had no other realistic option available other than to agree.”
Poole, Jill ‘Textbook on Contract Law’ (10th edn OUP, Oxford 2010) page 565

Task: Examine the above statement in view of economic duress in English contract law, and compare it to the concept of duress in Malaysia.

Answer: Everyone has the freedom to enter into a contract. A contract can only be legally binding if the parties enter into the contract with free consent and voluntarily. No one can be...


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Details: - Mark: Not available | Course: Contract Law | Year: 2nd/3rd | Words: 3821 | References: Yes | Date written: December, 2012 | Date submitted: January 28, 2015 | Coursework ID: 899

Question: 1- Discuss on what basis a contract is deemed to be valid. 2- Select at least three terms that could appear in a contract with an artiste and explain the significance to the company. 3- Assess the validity of two clauses included in an artistes contract.

Answer: The Oxford Dictionary of law describes at Contract as “ A legally binding agreement. Agreement arises as a result of offer and acceptance, but a number of other requirements must be satisfied...


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Details: - Mark: 67% | Course: Contract Law | Year: 2nd/3rd | Words: 3751 | References: Yes | Date written: February, 2005 | Date submitted: February 18, 2009 | Coursework ID: 278

Question: Critically examine the defence of provocation. Including the implications of the House of Lords’ decision in Morgan Smith [2000] 3 WLR 654.

Answer: The defence of provocation is a partial defence, pertinent only to murder. If successfully pleaded, liability is reduced to manslaughter. For the defence to succeed there are three requirements: (i) There must...


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Details: - Mark: 63% | Course: Criminal Law | Year: 2nd/3rd | Words: 3748 | References: No | Date written: Not available | Date submitted: October 14, 2008 | Coursework ID: 82


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