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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,...


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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...


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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

Question: CONTRACT LAW CASE STUDY 2, ASSIGNMENT 2, TASK ONE

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...


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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

Question: Section 1(4) Children Act 1989 provides that the court may make a range of orders subject to the provisions of Section 1 in a range of proceedings. Describe all the types of proceedings under the Children Act 1989 in which the principles set out in Section 1 must be followed.

Answer: The types of proceedings under the Children Act 1989 in which the principles set out in Section 1 must be followed are as follows. A Residence Order (s 8 (1)) says where...


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Details: - Mark: 73% | Course: Family Law | Year: 2nd/3rd | Words: 667 | References: Yes | Date written: July, 2000 | Date submitted: February 20, 2009 | Coursework ID: 448

Question: In English, Scottish and Northern Irish Law what is comprised in the term, 'the welfare principle', in their respective civil family jurisdictions. (5 Marks)

Answer: Section 1 (1) of the Children Act 1989 sets out general principles about how decisions should be made within court proceedings. When a court determines any question with respect to a) the...


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Details: - Mark: 73% | Course: Family Law | Year: 2nd/3rd | Words: 763 | References: No | Date written: January, 2003 | Date submitted: February 20, 2009 | Coursework ID: 447

Question: CRITICALLY ANALYSE THE EXTENT TO WHICH THE RIGHT TO RESPECT FOR A PRIVATE LIFE PROVIDES PROTECTION FOR A TRANSSEXUAL’S ABILITY TO GAIN LEGAL RECOGNITION FOR A CHANGE OF GENDER.

Answer: The right to respect for a private life is contained within Article 8 of the European Convention of Human Rights (“ECHR”), now enshrined in the United Kingdom by the Human Rights Act...


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Details: - Mark: 73% | Course: Human Rights Law | Year: 2nd/3rd | Words: 4926 | References: Yes | Date written: Not available | Date submitted: October 19, 2008 | Coursework ID: 125

Question: Analyse the methods by which legal and equitable mortgages might be created since 1925. What was the purpose of the 1925 reforms?

Answer: All land has an economic value, and a mortgage is one of the most effective ways by which an owner may realise it. Although today the mortgage is most commonly employed to...


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Details: - Mark: 73% | Course: Land law | Year: 2nd/3rd | Words: 2182 | References: No | Date written: January, 2009 | Date submitted: May 20, 2009 | Coursework ID: 553

Question: To what extent have recent decisions of the House of Lords clarified the circumstances in which a person may plead ‘undue influence’ as a defence to a mortgagee seeking to exercise its remedies under the mortgage?

Answer: The law of undue influence may be called in aid by a mortgagor seeking to avoid the consequences of a mortgagee’s exercise of one of its remedies. Often, it is pleaded as...


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Details: - Mark: 73% | Course: Land law | Year: 2nd/3rd | Words: 2881 | References: No | Date written: January, 2009 | Date submitted: March 10, 2009 | Coursework ID: 555

Question: 'Oral Assessment on domestic responses to European Union Law'

Answer: It is my task here to asses domestic responses to EU law, and in order to do this I intend to take elements of what I have learned over the past few...


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Details: - Mark: 73% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2540 | References: No | Date written: November, 2004 | Date submitted: February 16, 2009 | Coursework ID: 216

Question: A case study of Hunter v Moss [1994] 1 WLR 452 (CA). Mark 72%

Answer: This is a case study of Hunter v Moss , which has been subject to heavy academic criticism . In order to have a valid trust in law as it has been...


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Details: - Mark: 72% | Course: Equity and Trust Law | Year: 2nd/3rd | Words: 2663 | References: Yes | Date written: November, 2016 | Date submitted: March 29, 2017 | Coursework ID: 1012


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