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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

Question: In what circumstances will a mistake relieve a defendant of criminal liability?

Answer: In certain circumstances a mistake may operate as valid defense against criminal liability because, although the defendant has committed the actus reus of the offense, the defendant may honestly believe in a...


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Details: - Mark: 71% | Course: Criminal Law | Year: 2nd/3rd | Words: 2518 | References: No | Date written: April, 2009 | Date submitted: November 04, 2009 | Coursework ID: 584

Question: Lisa and Sarah are friends. Sarah agreed to cut and dye Lisa’s hair one evening. After cutting Lisa’s hair, Sarah applied a dye that she had bought from Lovely Hair plc, which manufactures the dye. After a few minutes, Lisa suffered an extremely painful allergic reaction to the dye and Sarah washed the dye out. Several hours later, large portions of Lisa’s hair fell out and her scalp turned bright red. As a result, Lisa cancelled a holiday that she was planning to take in Florida, which had cost £1,900.

Provide Lisa with legal advice.

Answer: Based upon Donoghue v Stevenson (1932) Sarah, in this scenario, has a duty of care to Lisa. Namely to take reasonable steps to ensure that any actions on her part do not...


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Details: - Mark: 71% | Course: Tort Law | Year: 2nd/3rd | Words: 1819 | References: No | Date written: November, 2008 | Date submitted: February 18, 2009 | Coursework ID: 566


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