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Question: Critically analyse the extent to which it is true that ‘Marriage is still the referent; other partnerships are alternatives to it. Marriage … is accorded a privileged … status which provides a place for the legitimate expression of heterosexual desires, imbuing other types of sexual activity and other relationships with a lesser status’

(Diduck, A., and Kanagas, F., Family Law, Gender and the State (Third Edition, Hart 2012).

Answer: The trend for marriage is steadily declining. Alternatives to marriage, such as cohabitation, have become more widespread and common, whilst the Civil Partnership Act 2004 (CPA) has affected the sanctity of marriage...


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Details: - Mark: 71% | Course: Family Law | Year: 2nd/3rd | Words: 2274 | References: Yes | Date written: October, 2012 | Date submitted: March 07, 2013 | Coursework ID: 778

Question: As De Keyser's case shows, the courts will enquire into whether a particular prerogative power exists or not, and, if it does exist, into its extent. But once the existence and the extent of a power are established to the satisfaction of the court, the court cannot enquire into the propriety of its exercise.

(Lord Fraser in Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374)

Discuss.

Answer: The royal prerogative is the remains of royal power. Munro describes it as: those attributes peculiar to the Crown which are derived from common law, not statute, and which still survive. ....


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Details: - Mark: 71% | Course: Public Law | Year: 1st | Words: 1367 | References: No | Date written: Not available | Date submitted: January 27, 2013 | Coursework ID: 771

Question: 'If there is a point of view in which legal obligation is treated as at least presumptively moral obligation ... then such a viewpoint will constitute the central case of the legal viewpoint' (Finnis).

Discuss.

Answer: The traditional position regarding obligation advocated by Austin, was that legal obligation derived from the command of a sovereign, who was habitually obeyed. This obligation was reinforced by the threat of a...


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Details: - Mark: 71% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2080 | References: No | Date written: Not available | Date submitted: April 05, 2011 | Coursework ID: 669

Question: To what extent do you share the late Professor Kahn-Freund’s view of Salomon v Salomon & Co Ltd [1897] AC 22 (HL) as a “calamitous decision”?

Answer: To provide a critical answer to the above statement it is important to look at the concepts with regard to incorporation, firstly the history of the incorporated company and its case law,...


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Details: - Mark: 71% | Course: Company Law | Year: 2nd/3rd | Words: 2998 | References: Yes | Date written: May, 2007 | Date submitted: April 05, 2011 | Coursework ID: 666

Question: The regular introduction of public order legislation and the inexorable increase in police powers over the last fifteen years means that all public protest has potentially become criminal activity. Discuss.

Answer: This essay is intended to discuss that whilst there is credence to the statement that due to current legislation all public protest has potentially become criminal activity and that it is solely...


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Details: - Mark: 71% | Course: Public Law | Year: 2nd/3rd | Words: 3004 | References: Yes | Date written: February, 2008 | Date submitted: April 05, 2011 | Coursework ID: 663

Question: Company Law Reform Act

‘It is the case that the UK still has not had a thorough review of the relationship between limited liability and unlimited liability legal forms for small firms and that the LLP’s role for small firms has not been properly addressed. Nevertheless, the need for a special limited liability company regime for owner-managed firms has been reviewed and rejected for clear and convincing reasons. The temptation to create a new legal form because other jurisdictions have something of this type has been resisted, rightly.’

In the light of this statement, evaluate the comparative treatment of the small firm and the reasons why the UK Company Law Review (CLR) rejected the creation of specialist legal forms for closely held companies.

Answer: In March of 1998, the DTI, concerned with the performance of the UK in the new global economy, and with the aim of creating a more competitive and efficient company law regime,...


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Details: - Mark: 71% | Course: Company Law | Year: 2nd/3rd | Words: 3372 | References: Yes | Date written: November, 2007 | Date submitted: March 30, 2011 | Coursework ID: 659

Question: Breach of Duty

In order for the defendant to be liable for negligence, the first stage is to show that there is a duty of care owed to the claimant. Once this is done, it must then be shown that the defendant breached his duty. Brach of a duty of care essentially means that the defendant has fallen below the standard of behaviour expected in someone undertaking the activity concerned. In Blythe v Birmingham Waterworks Co, Alderson B stated that “Negligence is the omission to do something which a reasonable man, guided upon these considerations which ordinarily regulate the conduct of human affairs would do, or something which a prudent and reasonable man would not do.” This is a question of fact.

Therefore, two questions arise from this statement:

1. How high is the standard of a reasonable person? Should the courts always apply the reasonable man test objectively, or can they take into account subjective elements?

2. How do we determine what a reasonable man would do?

Answer: The Standard of the “Reasonable Person” As we have seen from the statement of Alderson B in Blythe v Birmingham Waterworks Co, the standard of care is an objective one, so the...


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Details: - Mark: 71% | Course: Tort Law | Year: 2nd/3rd | Words: 5928 | References: No | Date written: Not available | Date submitted: March 29, 2011 | Coursework ID: 654

Question: To want extent can it be said that the right to silence has been abolished?

Critically evaluate developments in this area of the law with reference to the Criminal Justice and Public Order Act 1994.

Answer: It will be argued here that whilst the Criminal Justice and Public Order Act CJPOA 1994 significantly modified the ‘right to silence’ of an accused person, it cannot be said to have...


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Details: - Mark: 71% | Course: English Legal System | Year: 2nd/3rd | Words: 2785 | References: No | Date written: January, 2009 | Date submitted: February 21, 2011 | Coursework ID: 648

Question: Dissertation title:
Western failure to Prevent Genocide,
The UN and the International Community in Rwanda.
Department of Law, Oxford University.

Answer: The central aim of this dissertation will be to critically examine the genocide in Rwanda with particular emphasis on the obligation to prevent genocide contained within Article 1 of the United Nations...


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Details: - Mark: 71% | Course: Human Rights Law | Year: 2nd/3rd | Words: 10988 | References: Yes | Date written: April, 2010 | Date submitted: January 22, 2011 | Coursework ID: 636

Question: Produce a reasoned argument in favour of changing or reforming any rule or doctrine which you have come across in the English law of contract.

Answer: In its most basic form Consideration is, as defined by Lord Dunedin in Dunlop Pneumatic Tyre Co., Ltd. v. Selfridge & Co., Ltd.: \" An act or forbearance of the one party,...


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Details: - Mark: 71% | Course: Contract Law | Year: 2nd/3rd | Words: 1507 | References: No | Date written: Not available | Date submitted: May 10, 2010 | Coursework ID: 606


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