Exceptions to the Normal Position of No Recovery for Pure Economic Loss

Question ‘There are exceptions to the normal position of no recovery for pure economic loss in negligence. However, the common law approach to pure economic loss rests on an uneasy mixture of principle and policy, and lacks real clarity and consistency.’ Do you agree? Answer Under English law, litigants cannot claim damages for pure economic … Read More»

Torts of Negligence and Battery in Medical Law

Question Critically analyse the extent to which the tort of negligence and the tort of battery protect a patient’s right to make an autonomous decision when consenting to medical treatment. Introduction The autonomy of the patient and the right to refuse to consent to medical treatment should be considered fundamental principles of medical law. Indeed, … Read More»

Discussing UK Surrogacy Payment Laws

Question The law relating to surrogacy agreements is too restrictive and should be relaxed to allow for payments to surrogate mothers for providing such a service for couples who are unable to conceive. Critically discuss the merits of this statement. Introduction It has been thirty years since the Warnock Committee1 first recommended the outlawing of commercial … Read More»

Analysis of Torts of Negligence and Battery

Question Critically analyse the extent to which the tort of negligence and the tort of battery protect a patient’s right to make an autonomous decision when consenting to medical treatment. Introduction The tort of negligence and the tort of battery are both limited in the extent to which they protect a patient’s right to make … Read More»

Critical Assessment of Williams & Glyn’s Bank Ltd v Boland

Question Critically assess whether the views of Lord Wilberforce in Williams & Glyn’s Bank Ltd v Boland 1981 A.C. at pages 504-505 are an accurate reflection of the current law relating to actual occupation for the purposes of the Land Registration Act 2002. Introduction In Williams & Glyn’s Bank Ltd v Boland,1 the House of Lords … Read More»

The International Military Tribunal at Nuremberg was lawfully established, and treated the defendants fairly. Discuss

In prosecuting the major Nazi war criminals, The International Military Tribunal at Nuremberg was a milestone in international criminal law. Following the unprecedented atrocities committed during World War II by the Nazis, it was clear that the political leaders of the regime had to face criminal charges. The London Charter, created by the Allied Forces … Read More»

For the Purposes of Immigration Law, On What Basis Should States Decide Who To Admit, and Who To Refuse?

Introduction It is often asserted that states are free to decide which individuals they may admit and refuse entry and settlement to. In creating relevant legislation, Liberal, western states (which will be the focus in this essay) often distinguish individuals by their culture, their financial circumstances, and any human rights issues at play. However, reliance … Read More»

Human Rights and their universality

Question Human rights are: indivisible and interdependent. inalienable and universal. (W102, Unit 14, Section 1) Given that some rights are derogable and others non-derogable, evaluate the accuracy of the above statement. Answer The universality of human rights (HRs) is represented by the fact that they are recognised in international law. They represent a global and … Read More»

Assess the impact of the Human Rights Act 1998 on the protection of individual rights in the UK.

Introduction The protection of freedom, autonomy and dignity of the individual is a key consideration of international community. Therefore, the proclamation of human rights is essential for the protection and promotion of human beings.1 Human rights are those fundamental freedoms and entitlements that belong to all individuals regardless nationality, gender, religion or colour. These rights … Read More»

Legal Remedies Available to Forced Marriage

Critically evaluate the different legal remedies available to a person who is marrying or who has married under duress. Introduction Forcing an individual to marry against their will has been outlawed for many decades and thus it is somewhat surprising that the issue remains prevalent. This essay identifies the issues of forced marriage and the … Read More»

Marriage (Same Sex Couples) Act 2013

Has the enactment of the Marriage (Same Sex Couples) Act 2013 impacted on the validity and social acceptance of Civil Partnerships and Cohabitation in the United Kingdom? What is the Marriage (Same Sex Couples) Act 2013? The MSSC Act 2013[1] enacted on 17th July 2013, enables same sex marriages in the United Kingdom and Wales. This Act … Read More»

Reliability of Eyewitness Identification Evidence

Question The law in England and Wales should routinely allow expert opinion evidence regarding the reliability of eyewitness identification evidence. Critically discuss this statement. Introduction In England and Wales identification of the accused as the person who is said to have committed the offence is a crucial element of a criminal trial.1 Frequently, identification will be … Read More»

The Lisbon Treaty is in essence the constitution of Europe under a different guise, discuss. An example European Law Essay

Introduction The Treaty of Lisbon1 is essentially one of the most important documents underpinning the existence and smooth functionality of the European Union (EU). Over the last few decades, the EU has evolved from merely functioning as a European Economic Community to a supranational body politic whose functions carry pronounced political, legal, social and cultural effects … Read More»

Critical discussion about how the EU legislation and the case law of the Court of Justice ensures the free movement of goods in the internal market

Question ‘The free movement of goods is an essential element of the internal market and both EU legislation and the decisions of the Court of Justice support the achievement of this aspect of economic integration. However, the EU internal market is imperfect, so far as goods are concerned. There remain impediments to free movement which … Read More»

The UK ‘in / out’ EU referendum and its constitutional law implications.

Introduction The highly charged 2014 Scottish independence referendum campaign, and the 2015 Conservative Party promise to hold a national 2017 referendum on continued UK European Union membership have injected new life into a previously secondary UK constitutional law issue.[1] In this essay, the constitutional implications associated with the anticipated 2017 ‘in / out’ referendum are … Read More»

When examining potential violation of competition law, the EU Commission investigates, prosecutes and adjudicates. Evaluate with reference to an effective separation of powers.

Introduction The European Commission (the Commission), acting under Article 23 (2) of Regulation 1/2003,[1] can fine undertakings up to 10% of their total turnover for a breach of competition law. Considering fines in the “hundreds of millions [of euros] are not uncommon”,[2] it is critical that not only the Commission respect due process, adequately ensuring undertakings’ Article … Read More»

How far does EU competition law strike a balance between encouraging business cooperation and protecting the interests of consumers?

Introduction The Treaty on the Functioning of the European Union (TFEU) contains two Articles designed to restrict anti-competitive practices in the jurisdiction of the European Union (EU). Article 102 (formerly Article 82) targets dominant behaviour by single enterprises rather than cooperation between two of more entities, and as such is outside the scope of the … Read More»

The challenge of balancing EU objectives: Economic Freedoms Versus Fundamental Rights

The EU Charter of Fundamental Rights, the European Convention on Human Rights (ECHR) and the European Union (EU) Treaty establish two core yet competing objectives-that is, the exercise of economic freedoms and the observance of fundamental rights. Underlying economic freedoms of the common market are four ‘cornerstone’ agreements established by the EU.[1] The freedoms are divided … Read More»

Critically Discuss the Interpretation of the Prohibition in Article 34 TFEU and its Interpretation for the Regulation of Markets

Question ‘The Court of Justice has adopted far too wide an interpretation of the prohibition in Article 34 TFEU whilst not going far enough in its interpretation of that article to accommodate the right of Member States to regulate their own markets and to pursue their own policies.’ Critically discuss this statement with reference to … Read More»

Court of Justice of the European Union (CJEU) decisions on Treaty on the Functioning of the European Union (TFEU) Article 34 in Kec – Example European Law Essay

Question The CJEU’s reasoning – although not the result – in Keck is unsatisfactory for two reasons. First, it is inappropriate to make rigid distinctions between different categories of rules, and to apply different tests depending on the category to which particular rules belong. Secondly, the exclusion from the scope of Article [34 TFEU] of … Read More»

Article 101 of the Treaty on the Functioning of the European Union. The balance between allowing businesses to strike bargains and the need to maintain the consumer’s interests

Question “Article 101 of the Treaty on the Functioning of the European Union attempts to strike a balance between the need to allow businesses to strike bargains with each other, and the need to ensure that those arrangements do not act against the consumer’s interests.” To what extent do you think that Article 101 and … Read More»

In light of concerns about racial discrimination, critically assess whether the use of stop and search powers by the police can be justified.

Introduction The ability of police officers to stop and temporarily detain individuals for the purposes of a search has always been highly controversial, with the extent to which their powers facilitate discrimination featuring amongst the most potent criticisms. As a result, many argue that the powers should be curtailed, or abolished entirely. In this essay, … Read More»

How much knowledge should a recipient of misappropriated trust property have before they are imposed with liability?

Introduction In 1874, Lord Selborne LC formulated the modern law of third party recipient liability. In Barnes v Addy,[1] his Lordship declared: “[S]trangers [to a trust] are not to be made [liable]…, unless those agents receive and become chargeable with some part of the trust property…”.[2] This liability is known as ‘knowing receipt’. Essentially, knowing receipt … Read More»

Critical discussion about the creation of a specific no sui generis law for the publication of Non-Consensual (Revenge) Pornography

Question There is “no sui generis law prohibiting publication of non-consensual pornography” (Justine Mitchell:2014). However, calls to create a specific criminal offence to prohibit this appalling practice are misguided. Not only would such an offence by ineffective in curtailing such behaviour, but this area is not a matter for the criminal law. Critically discuss Answer … Read More»

Critically discuss to what extent, if at all, it is ever justifiable to hold responsible for criminal offences, those who possess no mens rea.

Introduction ACTUS non facit reum nisi mens sit rea is viewed as one of the key principles in common law principles of criminal liability.1 This principle is, however, highly abstract. Conversely, this principle does not go beyond claiming that a person’s mind needs to be guilty in order to be criminally liable for his or her … Read More»

Moral Judgements Regarding the Responsibility of the Accused for His Actions Affect the Judiciary’s Application of the Legal Rules

Question In practice the moral judgements regarding the responsibility of the accused for his actions affect the judiciary’s application of the legal rules. Critically analyse the extent to which the criminal law on causation aligns with this statement. Introduction This essay question provokes consideration of the moral judgments of the accused when their actions place … Read More»

Critically evaluate the development of the notion of legal personality

Question “The doctrine of separate corporate personality is the cornerstone of modern company law. It is founded on a conception of the incorporated company not simply as an entity with an independent legal existence from its shareholders but as an object which is cleansed and emptied of them.” 1 Critically evaluate the development of the notion … Read More»

Critically discuss the circumstances for the disregarding of separate legal personality and lifting the veil of incorporation

Question ‘The circumstances in which the courts have demonstrated a willingness to disregard the separate legal personality of a company are quite narrow and have not changed substantially in recent years.’ Critically discuss this statement. Introduction A limited company has a separate legal personality from its members, or shareholders1. The barrier between the company’s assets … Read More»

Alternative business structures have had a transformational impact in delivering legal services. Discuss

Introduction Alternative Business Structures (ABS) have had, and will continue to have, transformational implications in delivering legal services. ABSs entered the UK’s legal landscape through the Legal Services Act 2007 and officially began operating on 6 October 2011. In essence, ABSs have diluted ownership restrictions in favour of non-lawyers, allowing both non-lawyers and lawyers to … Read More»

Critically discuss how limitations on specific performance have left an imbalance in favour of the contract breaker. Discuss this with particular consideration of those who may require supervision for the performance of the contract.

Introduction Specific performance is an equitable remedy that can be awarded for breach of contract, requiring the party to perform their obligations under the contract.1 The general principle is that specific performance will only be awarded where damages would not offer a suitable remedy to the claimant.2This has been deemed by the courts to include circumstances … Read More»

‘A survey of the leading cases dealing with implied contractual terms would suggest that the judges’ decisions almost always favour the employee’. Critically discuss this statement.

Introduction Implied Terms are terms introduced into contracts either by statute1, custom2 or the courts.3Traditionally, terms were implied by courts based on necessity and reasonableness.4 There are two categories of terms implied by courts: terms implied in law and terms implied in fact. Terms implied in fact are those terms implied in order to give effect to … Read More»

The Application of the principles of fairness. Example Essay

Question The principles of fairness are not to be applied by rote identically in every situation. What fairness demands is dependent on the context of the decision, and this is to be taken into account in all its aspects. Explain and Discuss. Introduction In the tangled web of British administrative law, not only does the … Read More»

The relationship between constitutional principles and the procedural requirements of judicial review, the traditional grounds of challenge and remedies available

Question Critically analyse the relationship between constitutional principles and the procedural requirements of judicial review, the traditional grounds of challenge and remedies available. Illustrate with example and cases. Introduction This essay will critically analyse the relationship between constitutional principles and the procedural requirements of judicial review, the traditional grounds of challenge and remedies available. Judicial … Read More»

Trademarks and intellectual property | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Part A In the UK, trademarks are filed and protected on a first-come first-served basis. In this case, therefore, the Canadian All Reds have registered a trademark in the UK and this … Read More»

The law will continue to do little to prevent age discrimination

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay   “In view of a justification defence to both direct and indirect discrimination, the law will continue to do little to prevent age discrimination” Critically evaluate this statement as a reflection of … Read More»

The declaration of theory of law | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay – The declaration of theory of law Introduction The declaratory theory of law is quite simply that judges do not make or create the law, the merely declare what the law is … Read More»

Property law tenant | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Property Law Assignment Part 1 In this scenario, Raj has allowed his sister-in-law, Joyce, to live in his property. The question is whether Joyce enjoys the rights of a tenant, or if … Read More»

Political asylum claim in the United Kingdom | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay The Case of Amanuel and His Political Asylum Claim in The United Kingdom I. Introduction This paper will establish that Amanuel has an appropriate case for refugee status in the United Kingdom … Read More»

Law Essays – Parliament Criminal Court

This essay was produced by one of our professional writers as a learning aid to help you with your studies Parliament Criminal Court Contemporary Issue The 2007 criminal case of R Vs Niehus, criticism of a District Court Judge Marie Shaw by State Upper House Member of Parliament Dennis Hood. Question Is Judicial Independence jeopardised … Read More»

Law Essays – Legal Rules Contract

This essay was produced by one of our professional writers as a learning aid to help you with your studies Legal Rules Contract Offer and Acceptance With reference to the legal rules relating to offer and acceptance of a contract, advise the club whether it can claim the joining fee from Mary, Frank and Ali. … Read More»

Legal Research Assessment | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Legal Research Assessment Question 1 – Could Vincent’s security staff be given power to issue fixed penalty notices for disorder? Issues What is a fixed pnd? Who legally can issue? How does … Read More»

Direct and indirect discrimination | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay “In view of a justification defence to both direct and indirect discrimination, the law will continue to do little to prevent age discrimination.” Critically evaluate this statement as a reflection of the … Read More»

Is it time to say bye-bye Bolam in medical law?

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Is it time to say bye-bye Bolam in medical law? Date authored: 9 th June, 2014   The test which has become enshrined in law as the benchmark by which medical negligence is assessed … Read More»

International Trade Law | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay International Trade Law 1. The selection of an alternative dispute resolution mechanism is particularly pertinent in international trade cases because the parties are, by definition, domiciled in different nation states (Chuah, 2009). … Read More»

Intellectual property rights | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay This essay will consider the topic of how adequately intellectual property rights protect the position of the creator, with whom those rights may reside. The essay will deal with four specific areas … Read More»

Formalities – Perfect – Imperfect Trust | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Formalities – Perfect/Imperfect Trust Introduction The question in this case refers to the creation of a trust, i.e. the formalities that are required. In the case of Serena, she has created a … Read More»

Financial Ombudsman Service | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay The Financial Ombudsman Service The Financial Ombudsman Service (“FOS”) is stated to be ‘The official independent expert in settling complaints between consumers and businesses providing financial services.’ It is a public body … Read More»

European law in proceedings taken against EU Member States | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies The doctrine of direct effect has been fundamentally undermined by the Court of Justice employing unnecessary limitations, inconsistent principles, arbitrary distinctions and flawed reasoning.’ Critically discuss the above statement with reference to relevant treaty articles, … Read More»

The enforcement of covenants affecting freehold land | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay The Enforcement of Covenants Affecting Freehold Land This question concerns the enforcement of covenants affecting freehold land. In order to logically address the issues raised in this question, we will begin with … Read More»

Employment law religious dress, sickness and complaints

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay A. Maria Haines has recently converted to the muslim faith and has now insisted on wearing the appropriate religious dress which requires Maria to wear clothing revealing only her eyes. Customers have … Read More»

Employment law race religion | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Employment law race religion Ben, Catriona, Amrit and Jenna all work for Styles For All Ltd Ben is an Orthodox Jew who currently works Mondays to Fridays. The company intends to introduce … Read More»

Domestic Violence | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Domestic violence is very real and common in the UK, and indeed internationally. In the UK domestic violence accounts for a quarter of all crime, despite these figures it is recorded that … Read More»

A.V. Dicey’stripartite definition of parliamentary sovereignty anachronism

This essay was produced by one of our professional writers as a learning aid to help you with your studies In what respects, if any, has A.V. Dicey’stripartite definition of parliamentary sovereignty become an anachronism? Introduction A. V. Dicey’s traditional definition of parliamentary sovereignty cast Parliament as the supreme legislative force in the British constitution.[1] The … Read More»

Evaluate the definition of consent | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Critically evaluate the definition of consent for the purposes of sexual offences since the enactment of the Sexual Offences Act 2003, with particular regard to the presumptions in ss.75 and 76. Date … Read More»

Criminal litigation process | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Criminal litigation process This question raises issues of the criminal litigation process as well as evidential issues involved during the questioning of suspects and subsequent litigation. In the interests of proper case … Read More»

Criminal Law Murder | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Criminal Law Murder The most serious offence that Marion could be charged with is the murder of Spike and Toby. Murder is defined in law as causing the death of a human … Read More»

Contract law and commercial practice | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Modern perspective on contractual obligation Empirical studies of contracting behaviour consistently demonstrate that commercial contracting parties care little for written contracts or the rules of contract law. Should the law of contract … Read More»

Collective law in any two countries | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Collective Law In Any Two Countries Every European country controls a distinct system of judicial enforcement and labour legislation. This is most often closely related to the process of collective bargaining and … Read More»

The CJEU’s reasoning in Keck is unsatisfactory | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay The CJEU’s reasoning – although not the result – in Keck is unsatisfactory for two reasons. First, it is inappropriate to make rigid distinctions between different categories of rules, and to apply … Read More»

Business Commercial Property Skills | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Five 600 word essays on business (Property) skills. 1. A Short essay (600 words) on commercial property leases explaining: “The most important points to note in a commercial lease”. (this is designed … Read More»

Analyse psychiatric harm by secondary victims

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Critically analyse the way the courts have developed and limited the law in relation to claims for psychiatric harm by secondary victims Date authored: 24 th May, 2014.   As Lord Steyn noted in … Read More»

Claims for psychiatric harm by secondary victims | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Critically analyse the way the courts have developed and limited the law in relation to claims for psychiatric harm by secondary victims. Date authored: 18 th August, 2014. Introduction This paper will attempt to … Read More»

The law for psychiatric harm by secondary victims | Example Law Essay

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Critically analyse the way the courts have developed and limited the law in relation to claims for psychiatric harm by secondary victims.Date authored: 12 th August, 2014. Introduction There has been judicial comment in … Read More»

Alternative Dispute Resolution

This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Alternative Dispute Resolution Scenario:   The Herbert City Council owns a Olympic Pool and Training Centre which is managed by a Mr Samuel Phlipper. Until February 18, 2011 the facility had been … Read More»


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