University Degree: Law

Conclusion analysis

Good conclusions usually refer back to the question or title and address it directly - for example by using key words from the title.
How well do you think these conclusions address the title or question? Answering these questions should help you find out.

1. Do they use key words from the title or question?
2. Do they answer the question directly?
3. Can you work out the question or title just by reading the conclusion?

• Both the common law and statute make it too easy for buyers to reject goods. Critically discuss this statement.

  "Conclusion In most of countries, consumers have been protected by laws and the power of states. Although there is hardly agreement of the exact definition of 'consumer', efforts have been made by governments to establish variety of legal forms for buyers against the breach of suppliers and manufacturers. Along with the spread of globalization, 'consumerism' trend to give consumers more equality of power. However, in the phenomenon of 'free market', consumers may automatically be sovereign, because anyone, who does not respond consumer's needs, will be forced to leave the market. But as many people asserted 'free market' is not achievable in real life. By the reason that consumers are placed in a disadvantage position in markets, there is not doubt that their rights should be protected by laws and statutes. Although current law and regulations only obligate the safety of goods, the quality standard of goods tends to be bound in the future. The most common and effective way for buyers protect themselves is to reject the defected goods. Nevertheless, buyers have to claim in a 'reasonable time' even if there are entitled to reject the goods."

• Section 205 of the companies Act 1963 provides a comprehensive remedy for aggrieved shareholders. Critically discuss the above proposition.

  "In conclusion, it cannot be denied that section 205 has been effective in redressing the inequality for parties dealing with companies, however only insofar as is in keeping with pre-existing case law and company law statutes. As a whole, it endeavours to redress all shareholder grievances that develop, however it is overly restricted and perhaps not as important a remedy as it could otherwise be.[43] __________________________________________________"

• With reference to case law, discuss the difficulties surrounding the legal tests used to identify a contract of employment.

  "All the relevant factors need to be considered, and as long as the employment tribunal takes these into account, their decision will be a question of fact and their finding can not be challenged unless they came to the conclusion which could not be reasonably obtained by any other tribunal. The only thing that is certain is that if there is control, no delegation and a mutuality of obligation the court should find a contract of employment. Going back the original question, it is clear that the tests created by the Courts were inadequate in a modern society. The courts now tend to look at a multitude of factors in deciding employee status. The most important factor, it seems, will be mutuality of obligations. Adrian Williams concludes his article by suggesting that statutory intervention is necessary. I agree that because of the importance and number of rights an 'employee' will receive, it is paramount that the courts can determine worker status accurately. I find it difficult to see though how a statutory test would advance the position we are in now, the position of painting a picture of all factors and balancing them out. Steven Mather"