Contract Law
Contract Law Question 1. Part A . The Sunday Sentinel has for many years run a weekly crossword competition Readers are invited to complete a large and very difficult crossword, and send it in to the paper. The total prize each week is £5,000, and this is split between those readers sending in correct answers. a) In one week, one of the crossword clues was printed in error, with the result that there was no clue for the word that was supposed to appear in the crossword. It was announced in the Monday edition of the sister paper , the Daily Sentinel, that the competition was cancelled for that week. However, Bel only takes the Sunday Sentinel, and on Tuesday sent in an entry which was in fact wholly correct - she had worked out that the clue was a mistake, and guessed the answer. This was the only correct answer, but the paper refused to pay. The issue that arises here is that did Bel accept the offer contained in the crossword puzzle and in addition did she provide any consideration for her promise contained in the offer? The final issue that needs to be considered is whether the offer once made can be withdrawn or revoked. The general rule is that the offer can be revoked up until the time it is accepted. The offer was announced in the Sunday sentinel and then cancelled the following day. Bel did not post her entry until Tuesday which meant that the newspaper
Contract Law/Case study
Becks has lived with his girlfriend, Posh, for three years. They each contribute 50% of the council tax and house rates and have shared the other household expenses equally. Becks offered to buy for £10,000 Posh's share in Big Bank plc which she had inherited from her father. They were worth £100,000 and Becks knew this. Posh agreed because she was afraid that if she did not agree, Becks would leave her. Rooney, Beck's brother, threatened to tell Becks that he and Posh had had an affair before Becks had started to live with Posh. Rooney forced Posh to sign a guarantee for a loan which Rooney was borrowing from a bank as his business was in difficulty. The guarantee was secured by a charge on the flat in which Becks and Posh lived and which Posh owned. Advise posh as to her legal position. What would your advice be based on the following alternative assumptions- (a) Becks had left Posh threatening to publish intimate photographs which he had taken when they were living together; (b) Rooney had become insolvent and the bank was seeking to enforce the guarantee; (c) When Posh had agreed to the sale and guarantee she was only seventeen years of age. When advising Posh as to her legal position in the given scenario, I will look at each aspect of the case separately. I will determine what the legal rules are and how, if at all, they should be applied to the
Illustrating your answer with case law, assess the extent to which the exercise of the Royal Prerogative is controlled by the courts. Should the exercise of the royal prerogative be subject to more stringent control by parliament or the courts?
Illustrating your answer with case law, assess the extent to which the exercise of the Royal Prerogative is controlled by the courts. Should the exercise of the royal prerogative be subject to more stringent control by parliament or the courts? In this essay I will be examining how far the Royal Prerogative is controlled by the courts after it has been exercised by the executive. I will then discuss whether the prerogative should be controlled by the courts or parliament, and how strict this should be. The royal prerogatives are powers and privileges recognized in common law as belonging to the Crown sometimes referred to as residuary discretionary powers. However, most prerogative acts are performed by the government of the day in the name of the crown. As by prerogative the Crown is immune from prosecution Certain prerogatives are only performed by the crown on the prime minister's advice, such as the dissolution of parliament. Some prerogatives such as powers to appoint and award honours are performed by the Crown, who will also conduct the relevant ceremonies, but decisions as to who will be honoured are made on the advice given by the government. Both Dicey and Blackstone tried to give their interpretation of a prerogative. Dicey argued that, 'an act that can be performed lawfully without an Act of Parliament, is done in virtue of this prerogative'. Blackstone's
"There is one right answer for every legal question". Discuss.
"There is one right answer for every legal question". Discuss. The thesis that there is only one right answer for every legal question has been put forward by R. Dworkin, a legal theorist follower of the interpretive theory of law1. Dworkin rejects some aspects of Natural Law Theory and at the same time attacks in a critical but sophisticated way the positivists' approach to law. In order to follow Dworkin's attack is best first to identify the key positions of positivism relevant to the matter under discussion. Positivists say that every society has its special rules which attempt to regulate the citizens' behaviour and provide how the appropriate authority will punish or coerce any unacceptable behaviour. The said rules, positivists continue, may be categorised depending on what their "pedigree" is. They are divided in primary and secondary rules. Primary rules were explained as the rules granting rights or imposing obligations upon the citizens. Secondary rules on the other hand are those rules that lay down the way that must be followed in order to create, amend or abolish primary rules i.e. rules that stipulate how the appropriate legislative body is composed and how it enacts legislation. Positivists add that the community in question follows moral rules as well but the latter are not enforced by the public authority. As long as the cases which need to be regulated
'The 'mirror' principle, the 'curtain' principle and the 'insurance' principle form the tripod on which the whole English and Welsh system of land registration rests'.Explain, in detail, these three principles.
(a) 'The 'mirror' principle, the 'curtain' principle and the 'insurance' principle form the tripod on which the whole English and Welsh system of land registration rests'. Explain, in detail, these three principles and discuss the validity of the statement quoted. and (b) What is an overriding interest and why is the concept important in relation to the transfer of title of land in England and Wales? (a) The object of registration of title is to make the transfer of land simpler, quicker, cheaper and safer. Previously in unregistered conveyancing, the vendor was required to produce documentary evidence of the past transactions over a period of 15 years to prove that he was the owner of the estate that he was selling. Registered conveyancing seeks to eliminate such lengthy inspections of deeds by putting in its place a register that can be inspected and prospective buyers can find a description of the land, the name of the registered proprietor and any third party registrable rights. The purchaser should at this stage have a complete up to date picture of the title of the property and if accompanied by a search of the local land charges register and a physical inspection of the land should afford adequate protection to any potential buyer. This system, however, is not perfect and certain rights are not registrable and may not be discovered even with the other checks
Freedom of Expression
"If we don't believe in freedom of expression for people we despise we don't believe in it at all" this famous quote by Noam Chomsky could be debated about without coming to a conclusion for the simple that the term "freedom of expression" can mean various things to different people and include or exclude certain benefits. Therefore, no one can really agree or disagree with freedom of expression for everyone without arguing about the very definition of it. According to BusinessDictionary.com freedom of expression is defined as "Right to express one's ideas and opinions freely through speech, writing, and other forms of communication but without deliberately causing harm to others' character and/or reputation by false or misleading statements. Freedom of press is part of freedom of expression." This is only one example of how to define freedom of expression keeping this definition in mind, I do agree with freedom of expression if it entails what was put out in the definition. I will explain how the limiting of freedom of expression is directly related to the creation of laws in society and what the laws are supposed to achieve in relation to substantive/procedural, statutory/common and public/private. If freedom of expression offends other peoples beliefs, culture, ideas, identity that is when limitations on this "expression", although insults is not really expression it is
There is no absolute separation of powers in this country, in a variety of important ways ideas of the separation of powers have shaped constitutional arrangements and influenced our constitutional thinking, and continue to do so" Discuss.
"While we must grant that there is no absolute separation of powers in this country, in a variety of important ways ideas of the separation of powers have shaped constitutional arrangements and influenced our constitutional thinking, and continue to do so." Discuss, including consideration of relevant caselaw. The separation of powers is at the heart of a democratic constitution as it ensures that no one body accumulates too much power as to simply dictate to the people, as Lord Acton said 'Power tends to corrupt and absolute power corrupts absolutely' Although within the UK the separation of powers is not as clear as in other liberal democracies, it does still influence the everyday operations of the executive, legislature and judiciary1. As Barnett argued 'Separation of powers...runs like a thread throughout the constitution of the United Kingdom'2 The principle of the separation of powers assumes that certain functions should be carried out by different institutions and that no one institution should trespass into the territory of another. As Montesquieu argued 'All would be lost if the same man or the same ruling body...were to exercise these three powers'3 This interpretation of the separation of powers has been put into effect in the vast majority of liberal democracies around the world with the likes of the USA and Japan adhering to the orthodox understanding of the
The Constitution of United Kingdom In Comparison with the Constitution of Russia
Constitutional Law The Constitution of United Kingdom In Comparison with the Constitution of Russia Introduction: Constitutional law is concerned with the role and powers of the institutions within the state and with the relationship between the citizen and the state . Thus, it tends to concentrate on the relation between the primary organs of sovereign power (for example, Parliament and the judiciary) and the fundamental principles of constitutionalism, such as the rule of law. All constitutional law presupposes the existence of a constitution, whether written or not. A constitution sets out the relationship between individuals and the Government. It is a document that sets out necessary rules for the framework and operation of state institutions, for example defining the powers of the state and its agencies . Who can do what and where the limits of power are. This can only be of value if people feel an ownership of their constitution and other institutions are open and fair. This essay will examine the constitutional law of the United Kingdom in comparison with the constitutional law of Russia. To do so a brief background and history will be discussed in order to explain how the current constitutional law of these two countries came about. An Introduction to the United Kingdom and Russia's Constitution Similarly, the study of constitution of the United Kingdom and
Viscount Sankey's Golden Thread Speech
In this essay I will be illustrating the importance of Viscount Sankey's speech in the case of Woolmington v DPP [1935] All ER, utilising references as evidence to support my findings and demonstrate my understanding. In the case of Woolmington v DPP Woolmington had shot and killed his wife, Violet, who had left him a month earlier and gone to stay with her mother. When charged with Violet's murder Woolmington claimed that he hadn't intended to shoot Violet and the gun had accidently fired when he was attempting to show her the gun, insisting the gun was only to scare Violet into returning to him. The ruling took place in the House of Lords, where the issue was focused around if the statement of law in 'Foster's Crown Law'1 was correct where it states 'where a death occurred it is presumed to be murder unless proven otherwise'. In his summary, Swift J brought Fosters Crown Law to the attention of the jury, stating that 'the prosecution prove the killing, and in the absence of explanation that is murder.'2 This suggests that according to Fosters law there is only a necessity for the prosecution to prove the actus reus, or the actual physical aspects of murder of killing an individual as opposed to proving both mens rea or the mental aspect of an action, and actus reus. Swift J went onto comment that 'Consider whether you entertain the slightest doubt that this was a
Analysis of the law relating to the offence of Murder and relevant offences of Provocation, Diminished Responsibility and Intoxication.
This continuous assessment requires a detailed analysis of the law relating to the offence of Murder and relevant offences of Provocation, Diminished Responsibility and Intoxication. The issue of non-fatal offences will also be dealt with. Murder is the killing of a human being by a human being within the Queen's peace, death arising within 3 years of the act by the accused and also caused by the act of the accused. The actus reus of Murder therefore requires that the defendant should have caused the death of the victim through an act of his/her own. Death should be caused within the Queen's peace and three years of the act of the defendant.1 In this question the defendant Mo killed her husband Billy. It was Mo's act of setting fire to Billy's bed, which caused the death of Billy who is the victim in this instance. It is required to be proved that death was caused by the act of the defendant. Murder is a consequence crime and therefore accordingly requires causation to be proved in order for the actus reus of murder to be proved. It is in essence proving that it was the act of the defendant that caused the death of the victim. Causation is a 2-stage test and requires firstly causation in fact. The test for causation in fact is the 'But for test'2. But for the act of the defendant, would the victim still have suffered the consequences and if not then there is causation in
