Coursework

Free Coursework Archive for ‘Law Essays’

Tenancy Law - Critique of a scenario

Three tenants want to swap homes with one another. In other words, this is a three way mutual exchange. Mrs X is a local authority tenant whose tenancy began on 1 January 1994. She wants to move into the property currently occupied by Mr Y. Mr Y is an RSL tenant whose tenancy began on 1 May 1984. Mr Y wants to move into the property currently occupied by Miss Z who is a tenant of a housing association which was set up after stock transfer (LSVT). Miss Z became a tenant on 3 April 2001. She wants to move into Mrs X’s property. (more…)

Homicide Legislation in England and Wales

The Law Commission has defined the current structure of the homicide legislation in England and Wales as a “rickety structure set upon shaky foundations”. (more…)

Sexual discrimination - The Equal Pay Act 1970

The Equal Pay Act 1970 (Hereafter the “EPA”) provides employed individuals with the right to receive the same contractual pay and other benefits as a person of the opposite gender working in the same employment. These provisions give women the right to equality in the terms of her contract of employment where she is employed: (more…)

Sexual discrimination - A Changing Nation

Since the employment equality reforms of the 1970s, which were designed to level the playing field between men and women at work, there have been huge changes in the profile of society. In the 1970s there was a broad equivalence in the educational achievement between boy and girls at school (GCE/CSE level), but the majority of those studying in further education (58 per cent) and in higher education (67 per cent) were male. (more…)

Case studies of Concent for medical treatment

Throughout this piece of work, Estelle shall be referred to as ‘E’; Rudolf Roksoff shall be referred to as ‘R’; Dr North shall be referred to as ‘Dr N’; Mr. South shall be referred to as ‘Mr. S’; Freya shall be referred to as ‘F’ and; Prof. West shall be referred to as ‘Prof W.’ The possible claims have been separated under headings which have been underlined throughout the piece. (more…)

The two types of secret trust

The secret trusts comprise both (fully) secret trusts and half-secret trusts. They are a relic of a bygone era and do not conform to established trust principles. Their prior purpose has largely disappeared with the changing patterns and expectations of social behaviour (more…)

Intervening circumstances and Contract Law

In this scenario, the two parties, Ben and Angela, have entered into a contract with clear terms which both of them have accepted. An intervening event has then occurred which has rendered it difficult, if not impossible, for Ben to complete his side of the contract. By claiming that Ben is in breach of the contract, Angela has sought to set it aside. (more…)

Combined Code’s an their ability to improve the Governance of Listed PLC’s

The large size of the 2003 Code represents a positive starting point for any analysis into the likelihood for improving corporate governance. There are 43 Principles and 48 Provisions and this starkly contrasts with the meagre combination of 17 Principles and 47 Provisions within the 1998 Code. Further to this, schedule B also lists the seven provisions that provide guidance on the content requirements of Remuneration Reports (more…)

A summary of Contract Law

The requirements of offer, acceptance and consideration may be regarded in themselves as indications of an intention to enter a legally binding contract. Some commentators have held the view that there is no need for a separate heading of intention (more…)

Background to Consumer law and the Consumer Credit Act

The Consumer Credit Act 1974 (CCA) is the statute that deals with regulated agreements, with the exception of certain exemptions. In the case of Sid is a debtor-creditor-supplier agreement. This is credit because it is monies paid to a supplier for the return of services, i.e. it is a financial accommodation under section 9(1). (more…)

The incidence of express private trusts

The two cases provided are both concerned with the incidence of express private trusts. It is essential to consider the background law and some of the cases decided prior before considering in detail what these cases demonstrate in relation to express private trusts. (more…)

Trademarks and the likelihood of confusion

Unless an infringement occurs under the limited circumstances of s.10 (1) then s.10 (2) is the next option and is formulated so that where the use of a mark ‘in the course of trade’ is likely to cause confusion given its similarity or identity with a particular trademark and a particular product. (more…)

An Introduction to Trademark Infringement

Phillips considers the enforcement mechanisms in the TMA 1994 to be the raison d’etre of trade mark registration i.e. the ability to protect your product from third parties is the only incentive for traders to participate in the trade mark system. (more…)

Understanding of the concept of confusion

The understanding of the concept of confusion is so central to the subject of trade mark law because it is concerned with the infringement actions that a Trade Mark owner can take to enforce his right in rem against other competitors. This has been described as the raison d’etre of trade mark law: (more…)

Trade Mark Law and Background Justifications

In this work we aim to assess the concept of likelihood of confusion as a major tool of the trade mark system. We start by introducing the subject matter of trade mark law and the jurisprudential justifications for its subject and identify the four major interests that the law aims to protect which are those of the consumer, producer, competitors and society generally. (more…)

The doctrine of state liability

The two main aspects that EU law deals with are; the possibility that the member state is contravening the regulations that regulate interactions with other member states, such as tariffs; and whether a member state is contravening the laws in relation to individuals such as free movement of persons and deportation. (more…)

The legal definition of Refugee

The term ‘refugee’ has a long history of usage to describe certain groups of people in broad and non-specific terms. However, there is a legal definition of a refugee, which is enshrined in the 1951 United Nations Convention Relating to the Status of Refugees. (more…)

Standard defence allows for too many professionals to avoid liability

In the tort of negligence, professional persons are not judged according to the proverbial standard expected by “the man on the Clapham omnibus”. Instead the Bolam test is applied. In that case the claimant suffered a fractured pelvis while undergoing electro-convulsive therapy. It was alleged that the doctor had departed from the practice of some fellow professionals at the time by failing to administer a relaxant drug and failing to provide an effective means of restraint. (more…)

Elements of a successful negligence claim

In order for a claim in negligence to succeed, four elements have to be satisfied:

Duty - does the law recognise that a duty of care is owed?
Breach - has the defendant failed to live up to the standard of care required?
Damage - has the claimant suffered injury or loss?
Causation - is the defendant wholly or partly responsible for bringing about such loss or injury? (more…)

Cultural Differences and Whiplash claims

Studies have shown the importance of cultural factors in the differing presentations of whiplash, contrasting outcomes after accidents in different countries. Thus, far better recovery from equivalent accidents when whiplash is involved, have been reported in Lithuania than in Canada or North America. (more…)

Whiplash claims and the law

The British courts did not recognise the existence of a general duty in tort imposing liability for careless behaviour across a range of situations and relationships until the 1930s. The turning point was the decision of the House of Lords in Donoghue v Stevenson. (more…)

Equity as a separate system from the common law

This paper discusses the early development of equity as a separate system from the common law. When equity originally developed as a gloss to the common law, it was innovative; it initiated new remedies and established new rights where the common law failed to act. (more…)

Bureaucratic regulations and the conduct of meetings

“Consider whether the application and imposition of bureaucratic regulations and practices governing the conduct of meetings tend to prevent them achieving the ends for which they are commonly held.”
(more…)

Land registration and Property rights

The register kept at HM Land Registry shows the true state of the title. The property register – this describes the estate in land which is registered (i.e. freehold or leasehold), identifies the property by a short verbal description (e.g. its postal address), and shows the physical area of the land which is the subject of the registration, usually by reference to a plan. A copy of the plan is supplied with the official copies of the Register entries. (more…)

Implied trusts and proprietary Estoppel by the Courts

Constructive trusts come into operation where one party has through a discussion or understanding made an agreement with another party to enable the latter partake in the beneficial interest of a certain property. (more…)

The informal acquisition of an interest in land

“The development of a coherent set of principles to govern the informal acquisition of an interest in land has been frustrated by the courts’ apparent difficulties in distinguishing between concepts such as resulting and constructive trusts and the doctrine of proprietary estoppel.” (more…)

The change in UK immigration Law

One of the rights possessed by the supreme power in every State is the right to refuse to permit an alien to enter that State, to annex what conditions it pleases to the permission to enter it, and to expel or deport from the State, at pleasure, even a friendly alien, especially if it considers his presence in the State opposed to its peace, order and good government, or to its social or material interests. (more…)

Essay on fiduciaries, fiduciary obligations and remedies

Equity deals with justice and the present common and statutory laws may not result in justice; this has especially been the case in respect to the fiduciary duties of directors in respect to shareholders. Equity has been forced to use fiduciary duty as an accordion term lately in this area. (more…)

No account of law can succeed if it cannot explain the nature of authority

Dworkin’s account of law is in many ways a departure from much of legal theory. He rejects the more concrete theories of legal authority articulated by many of his colleagues in favour of an interpretative conceptualisation which many argue does not engage with the central questions with which other thinkers concern themselves one of which being the identification of that element or origin of law which gives it coercive authority. (more…)

Are prison sentences effective in deterring re-offending?

The effectiveness of prison sentences as deterrence to re-offending is quite difficult to estimate. The research in this area is problematic to conduct effectively, and opinions on the subject range from complete skepticism as to any beneficial effect a prison sentence might have on the offender, to the support of imprisonment as means of coercing at least some of the inmates into future compliance with the law. (more…)