As an assistant at the consumer advice centre I will make arguments for bobs case and state relevant cases of contract law which affect it, I will also offer a most likely result of this dispute with a reasoned answer.

To: the line manager From: consumer advice centre Bob V Tidy skips Bob ordered tidy skips to come and drop off a skip which he wanted to use at his address. Whilst delivering the skip the employee of tidy skips (Sid) negligently drove the delivery vehicle into the wall of Bob's house causing it to collapse and in the process damaged bobs new car. A cost of £1000 was incurred to rebuild the wall and a further £800 was spent on repairs for repairs on the car. Bob has hired skips from tidy skips before on a regular basis. On the past five occasions the invoice that he received afterwards had the following printed on the reverse: "Tidy skips shall not be liable for any loss or damage howsoever caused to a customers premises and if notwithstanding the foregoing, should any liability for damage to a customers property arise, that liability shall be limited to £100" Task As an assistant at the consumer advice centre I will make arguments for bobs case and state relevant cases of contract law which affect it, I will also offer a most likely result of this dispute with a reasoned answer. Assumptions A contract is when two or more people reach an agreement this can be done orally through speech or a countersigned document. The contract in this case was made orally as Bob had made the reservation over the telephone with Tidy skips who were to deliver the skip the following

  • Word count: 1141
  • Level: AS and A Level
  • Subject: Law
Access this essay

Citizenship and rights history

Citizenship Citizens are members of a certain state and are formally recognised by that state. The concept of citizenship is therefore legalistic. Citizens are individuals who have a legal status within the state. They are granted certain rights and in return must perform certain duties. The range and balance between the rights granted and duties they are supposed to perform, vary from state to state and time to time. For example, in war time the rights and obligations of a citizen would be different that of a citizen in peace time. Natural Rights Natural rights are rights that political philosophers argue are universally applicable to all societies. The origins of these rights is said to be found in the essential nature of human beings or in laws given by God. John Locke argued that before there were political societies, human beings existed in a state of nature in which god-given natural laws and rights existed. These laws and rights were to be the basis of societies that were created in the future. Locke claimed that life, liberty and property were natural rights. Problems with these rights are that it is hard to prove that a state of nature ever existed Positive Rights Some political philosophers believe that the only rights that exist are rights given to citizens by the state. Positive rights require actions on the part of others. For example the right to

  • Word count: 1253
  • Level: AS and A Level
  • Subject: Law
Access this essay

Evaluate police powers of arrest, detention and search.

Evaluate police powers of arrest, detention and search. Much of the domestic law outlining governmental powers of detention and investigation now derive from a single piece of legislation called the Police and Criminal Evidence Act 1984 (PACE). The Home Secretary at the time, Leon Brittan, described PACE as "a long overdue reform and modernisation of the law governing the investigation of crime. The government's aim has throughout been to ensure that the police have the powers they need to bring offenders to justice, but at the same time to balance those powers with new safeguards to ensure that these powers are used properly, and only where and to the extent that they are necessary."1 PACE deals with a large range of police powers and also includes various police 'codes of practice' specifying how particular powers ought to be used in respect of powers of search without arrest, the treatment and questioning of detained persons, the searching of premises and seizure of property and the tape-recording of interviews with detained persons. The most common power of arrest without a warrant relates to situations in which it is feared that a breach of the peace is occurring or is about to occur: 'A constable has the power to arrest where there is reasonable apprehension of imminent danger of a breach of the peace. There is a breach of the peace whenever harm is actually done

  • Word count: 4707
  • Level: AS and A Level
  • Subject: Law
Access this essay

Several tests have been developed to identify and categorise different types of workers.

Several tests have been developed to identify and categorise different types of workers. The basic division for our purposes is between those who are employed persons and those who are self employed, and the distinction between these categories is that the employed person works under a contract of service, while the self-employed person works under a contract for services1. An important criterion for determining whether the relationship between employer and employee exists is the extent to which a person is under the direction and control of the other party with regard to the manner in which the work is done.2 It would be improper to use this test, where professional are involved, as it is likely that the employee will be qualified in a particular field, thus making direct control of the employee difficult. For example does a football manager have the right to control how his players play on the pitch, as questioned in Walker v Crystal Palace Football Club (1909). Despite this difficulty, a refinement to this test, where the "right to control" has been used a determinant factor.3 It is clear from these cases the higher the degree of control exercisable by the employer, the more likely that a contract of service exists4, but "the greater the skill required for an employee's work the less significant is control in determining whether the employee is under a contract of

  • Word count: 2031
  • Level: AS and A Level
  • Subject: Law
Access this essay

The English legal system comprises of two different branches, barristers and solicitors.

Essay .a) The English legal system comprises of two different branches, barristers and solicitors. In the UK at the moment there are around 9,000 barristers and they are known collectively as the 'Bar'. The governing body for barristers is the Bar Council, which acts as a kind of trade union, safe guarding the interests of barristers and regulating barristers training and activities. All barristers belong to one of the 4 Inns - Inner Temple, Middle Temple, Grays Inn or Lincolns Inn. There are no significant differences between any of the Inns. The majority of barristers work in private practices and they work as individuals. Barristers aren't allowed to form formal partnerships and they usually work from sets of 'chambers' in which a number of barristers are supported by a clerk or clerks. Although barristers are individuals, within their chambers they operate under the 'cab-rank rule'. This means that the barristers must accept any case within their area of competence, providing a proper fee is offered. This rule ensures proper representation for everyone. The work of a barrister in a private practice is generally divided between the preparation of opinions, the drafting of pleadings and the presentation of cases in court and most barristers specialise either broadly, like in Common Law, Family or Chancery work or they specialise narrowly like in Criminal Law,

  • Word count: 1211
  • Level: AS and A Level
  • Subject: Law
Access this essay

Explain the difference between act and rule Utilitarianism.

Utilitarianism Explain the difference between act and rule Utilitarianism. (33 marks) Utilitarianism, in its most basic form is ' the greatest happiness for the greatest number'. Coming from the Latin word, 'utilis', which means useful. Jeremy Bentham wrote, in one of his books in 1789, that utility is, 'a property in any object, whereby it tends to produce benefit, advantage, pleasure, good, or happiness...or... to prevent the happenings of mischief, pain, evil, or unhappiness'. It is easy to assume that utilitarianism is based on the fact that if something is useful, then it is moral. However, this is very wrong, the theory is much more complex than this, being involved in decisions, actions and consequences. The theory of Utilitarianism was developed by Jeremy Bentham, in his work, 'The principles of morals and legislation', which was a mix of ethics and politics, both of which he was very interested in. Bentham was hedonist, and felt that happiness and pleasure was the main ethical measure. He believed that if an action is pleasant, bringing about happiness for the individual and others, then it is morally right. Bentham attempted to better the 'Golden rule' taught by Jesus, which was to love out neighbour as ourselves. He wanted to better this as he felt that in loving our neighbour, and in a moral situation, resolving a problem by loving a neighbour could

  • Word count: 1340
  • Level: AS and A Level
  • Subject: Law
Access this essay

Consider the possible criminal liability arising in the above circumstances.

Mick and Steve are keen bodybuilders and regularly work out at the gym. One method they adopt in order to strengthen stomach muscles is for one of them to lie on a bench while the other drops a heavy ball onto his stomach. Reggie, the gym manager, has warned them that he considers this to be a potentially dangerous activity. Tony, a new member at the gym, is told by Mick that he has to undergo an initiation ceremony. Tony reluctantly allows himself to be held down on a bench by Mick and Steve then produces the heavy ball which he proceeds to drop onto Tony's stomach. This activity causes Tony an internal rupture. Realising that Tony is injured, Mick and Steve lift him up to carry him to a car to get him to hospital. At this point, Reggie, the gym manager, arrives from the pub somewhat the worse for wear with drink. He thinks that Mick and Steve are physically forcing Tony to engage in what he considers to be their dangerous activities. Reggie pulls Steve to the floor saying, "I have warned you about this", causing Steve to be severely bruised. Consider the possible criminal liability arising in the above circumstances. The defendants may be liable for causing grievous bodily harm with intent contrary to s. 18 Offences Against Persons Act (OAPA) 1861, maliciously inflicting grievous bodily harm, contrary to s. 20 OAPA 1861 or assault occasioning actual bodily harm,

  • Word count: 1141
  • Level: AS and A Level
  • Subject: Law
Access this essay

It has been suggested by the law commission and others that the sections 18, 20 and 47 of the Offences Against the Person Act 1861 should be repealed because they are unjust, ineffective, illogical and severely defective - Explain and comment.

Ciaran Rooney It has been suggested by the law commission and others that the sections 18, 20 and 47 of the Offences Against the Person Act 1861 should be repealed because they are unjust, ineffective, illogical and severely defective. In addition the offences, as they are defined are incomprehensible to juries. Explain and comment on these suggestions. It could be said that the Offences under the 1861 Act are unjust because of the sentencing structure. The maximum sentence for S.47 is the same as S.20, five years which seems unjust because S.47 can be as little as causing someone discomfort through injury, whereas s.20 at worst can be as serious as a loss of a limb which is a vast scale of injury for a similar sentence. An area of the offences which is unjust, illogical and defective is some of the words used in the statute. Because the act is nearly 150 years old the language used is very archaic and misleading for juries. The mens rea for S.20 use words such as 'maliciously' and 'inflict' which is unclear as the language is severely outdated. The courts have partially overcome this by looking at definitions of words from dictionaries of similar period to 1861 Act, however this benefit is not available for the jury and can lead to a lot of confusion combined with words such as Grievous and wounding. Another main word that is misleading is the use of 'assault' in the S.47

  • Word count: 713
  • Level: AS and A Level
  • Subject: Law
Access this essay

The term 'human rights' carries connotations of a wide range of possibilities; some may think immediately of the right to have important needs met, a right to shelter or to food.

The term "human rights" carries connotations of a wide range of possibilities; some may think immediately of the right to have important needs met, a right to shelter or to food. International law often guarantees those rights within the means of a government. As Canadians, we often think of a right to health care or a right to vote in elections. These rights are guaranteed in legislation, or even in constitutional law. Human rights also include a right to equality, a right to equal dignity and participation in important areas of life, including work (Hess, 1993). Human rights protection means both ensuring that there are no violations of these rights (prohibiting discrimination, for example) and a positive obligation to increase the dignity and ability to participate in society of all members of a society (Armitage, 1996; Hess, 1993). An important equality protection, Employment Equity, in Canada is set out in the Charter of Rights and Freedoms, which contains a guarantee of equality in the labour market (Employment Equity Act, 1996). The Charter guarantee of equality is powerful, and establishes a floor of human rights that the government is required to meet. It is unacceptable for any government in Canada to act in a way that discriminates against a person or group. In support of my opening statements, the aim of this paper is to prove that relative poverty among

  • Word count: 3043
  • Level: AS and A Level
  • Subject: Law
Access this essay

What justification was there for Socrates' trial, verdict and death sentence?

Q. What justification was there for Socrates' trial, verdict and death sentence? Athens, known for its enthusiasm for new ideas, had gone down in history as a centre of new ideas, and was called the "school of Hellas," which attracted philosophers from near and far. So why was 'the wisest man,' who distributed opinions and ideas put to death? Were his trial, the two charges Socrates was blamed upon, and the resulting verdict justified? Socrates was brought to trial in 399 B.C, by three accusers, and citizens of Athens - Meletus, Anytus and Lycon. The jury in the trial, and the three accusers considered Socrates a sophist, corrupter and a nuisance. They defeated Socrates on two charges, "corrupting the minds of the young," and "believing in supernatural things of his own invention instead of gods recognised by the state,"1and as a result, he was put to death. I believe these two charges were neither justified, nor fair. For the first charge, of corrupting the youth of Athens, as Socrates argued in his defence speech, he never considered himself a teacher, and never charged a fee. In my opinion, the 'pupils' of Socrates were not forced to, but chose to follow Socrates and imitate his ways. They copied his questioning methods, often rudely, when he was not even present. Socrates said himself, in the Apology, that he does not solely influence the young, but that everyone in the

  • Word count: 2108
  • Level: AS and A Level
  • Subject: Law
Access this essay