Common Law Essay Examples - Free Research Paper Topics on StudyDriver.com

Have Law and Equity Influenced each Other?

1 Table of Cases Bank of Boston Connecticut v European Grain and Shipping Ltd Central London Property Trust Ltd v High Trees House Ltd Cresswell v Potter (1978) 1 WLR 255 Cuckmere Brick Co Ltd v Mutual Finance Ltd Earl of Oxford’s Case (1615) 1 Rep Ch 1 Napier and Ettrick (Lord) v Hunter Tinsley v Milligan United Scientific Holdings v Burnley Borough Council Walsh v Lonsdale Table of Statutes Bills Supreme Court Act 1981 Supreme Court of Judicature Act […]

Homicide Law in the UK

1. The current law of homicide has been criticised widely for being archaic, complex and in need of reform. The Law Commission has reviewed the state of the law and proposed a new statutory framework which simplifies the law of homicide.[1] One of the biggest criticisms of the current common law is the wide definition ascribed to murder. It is defined as when someone unlawfully kills someone with the intent to kill or to do grievous bodily harm.[2] The breadth […]

The Law of Omission Liability

Critically evaluate whether the law in respect of omissions liability is in need of reform. Given that one may be liable for an offence as serious as murder by omission it is paramount that that liability is clearly defined. Introduction to Omission Offences capable of being committed by omission Introduction to Murder Introduction Traditionally criminal responsibility is based on what the defendant has done and also on state of mind when he did; this approach is summed up by Latin […]

Property Law and Leasing

191893 Delivery Time :Standard – 5 Days per 5000 words Title: QUESTION: PART A (i) Leslie plc, by deed, granted a ten-year lease of certain premises to Target Ltd from 1st November 2000. The lease included covenants by Target Ltd. not to assign or sub-let the whole or any part of the premises without the landlord’s consent, to keep the premises in repair and to pay the quarterly rent. There was a proviso for re-entry in the event of breach […]

Salomon V a Salomon & Co Ltd (1897) AC 22 – Case Law Analysis

This is the foundational case and precedence for the doctrine of corporate personality and the judicial guide to lifting the corporate veil. The doctrine of separate legal entity was originated from this case. The House of Lords in the Salomon case affirmed the legal principle that, upon incorporation, a company is generally considered to be a new legal entity separate from its shareholders. The court did this in relation to what was essentially a one person Company. A company registered under […]

The Law of Agency

The Law of Agency is an area of commercial law that deals with fiducial relationship between a person (principal) according authorities, implicitly or expressly, to another person (agent) to act on his behalf to create a legal relations with a third party. The relationship between an agent and a principal maybe contractual, non-contractual or quasi-contractual depending on the job description or service offered (Davant, 2002). The principal is thus bound by the contract agreement between him and the agent as […]

The Law of Unregistered Land

Although registration of land is not compulsory the Government have tried in recent times to encourage the registration of land by offering incentives to those who are in possession of unregistered land[1]. Generally speaking land that is unregistered only becomes registered when the owners of that land sell it to another[2]. All land purchased since the Land Registration Act 1925 should be registered as the Act made it possible for land sold after this date to be registered[3]. Concern has […]

The Law on European Construction Projects

Project Outline For the purpose of this assignment, the company that I have chosen will be preparing to buy a piece of land in the north of France and build houses upon it. The land already bares a barn and is from a private owner. The processes to buy, plan and develop the project will be described and compared to the system adopted by the UK. The intension is to sell the property for profit. The limited company is a […]

The Law on Exclusion Clauses

Critically examine how the law on exclusion clauses in contract has developed and the key issues of legal policy to which the present law gives rise. ANSWER Introduction An exclusion (or exemption) clause is a term in a contract that purports to exempt or limit the liability of a party to the contract or to restrict the rights of a party to the contract.[1] Exclusion clauses are commonplace. They may be incorporated in standard form contracts or in standard terms […]

Tort Law Problem Answers

ISSUE Whether James can succeed in an assault Tort claim against Mele for her actions? RULE “An assault is committed where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence.” [1] The elements for assault are: An intentional act The absence of consent on Defendants part in this case The inducement of an apprehension of imminent contact ( An imminent battery) Is there any reasonable apprehension for reasonable battery? APPLICATION: An Intentional Act Intent is […]

The Law for Psychiatric Harm by Secondary Victims

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 analyse the development of the law regulating the negligent infliction of psychiatric harm to secondary victims. This area of law is one filled with uncertainty due to the various limitations that have been introduced in an attempt to restrict an expansion of potential claims. The Law […]

Memorandum Company Law

In the past a Memorandum of Association was seen as vital in providing information relating to the external affairs of a company. The importance of this document diminished over time with legal developments. Its worth will be limited further in consequence of the Companies Act 2006 content. Discuss the accuracy of the above statement and analyse why the importance of the Memorandum of Association has diminished. The most comprehensive review of British company law ever to have been made began […]

A Company Law Problem Scenario

Table of Contents Introduction Facts in the Scenario Identification of the Legal Issues Arising From the Facts in the Scenario Identification and Application of Appropriate Legislation or Case Law Conclusion Bibliography In Advising Jane Introduction Company law primarily discourses certain major sets of fundamentals that are integral in the structure of large companies. These principles mainly arise amid the management and the shareholder, majority shareholders and minority shareholder, and the controller of the company and the non-shareholder. Among these principles, […]

Australian Consumer Law

Answer 1 Liability of Mr and Mrs Lee in this case At the time when loan ws taken by their son and Lim, when guarantee was entered parents Mr Lee and Mrs Lee were old, did not understand English well and had received no independent advice. Banks under the provisions of ACL cannot seek to enforce guarantee agains parents, as their liability is limited in view of the above facts and normally family gives the guarantee. Therefore though consented in […]

Australian Criminal Law System

Part 2: critical legal analysis: You must critically analyze and discuss the question. You must support each of your agreements with authority. If there is no case law to support your argument, you may use any academic or other literature or commentary that supports your argument. Q4:The common law of Australia does not recognize that an accused on trial for a serious criminal offence has a right to the provision of counsel at public expense. Further, that as a matter […]

English Land Law

English Land Law (a) For conveyances completed on or prior to 27 September 1990, a valid contract of sale of land was governed under s 40 of the Law of Property Act 1925. Any land contract could be either oral or written but, if oral, evidence via a written document or an act or part performance was required to facilitate enforceability. For post 27 September 1990 conveyances, the rules under s 2 of the Law of Property (Miscellaneous Provisions) Act […]

Indian Competition Law

5.4 Enterprises: The meaning of enterprises for the purpose of this Act has been defined under Section 2(h) of the Act as under: Enterprise‘ means a person or a department of the Government, who or which is, or has been, engaged in any activity, relating to the production, storage, supply, distribution, acquisition or control of articles or goods, or the provision of services, of any kind, or in investment, or in the business of acquiring, holding, underwriting or dealing with shares, […]

Venture Management Essay Example Pdf

Walton Construction (Qld) Pty Ltd v Venture Management Resources International Pty Ltd Walton Construction Pty Ltd (Walton) entered into a building contract with Venture Management Resources International Pty Ltd (VMR) for completion of works. Walton provided VMR with an unconditional bank guarantee as security to cover its financial commitment under the contract. Walton submitted a progress payment claim toVMR and in response, the Superintendent from VMR issued a progress certificate certifying that payment was to be madeto Walton as per […]

What is Contract Law?

What is Contract Law? The law of contract is a set of rules governing the relationship, content and validity of an agreement between two or more persons (individuals, companies or other institution) regarding the sale of goods, provision of services or exchange of interests or ownership. While this is a wide definition it does not cover the full ambit of situations in which contract law will apply. The reason for this is due to the vast number of examples in […]

Basics of Contract Law

Invitation to Treat Invitation to treat is a contract law term. However, it is not an offer. It is merely an invitation to others to make offers. It is a sort of preliminary negotiation to buy something and it follows that an invitation to treat cannot be accepted and there is no commitment to sell or offer which could be accepted. The court will always look at the language used or the inferred intention of the parties when deciding between […]

Beneficiaries of Clubs Law

192596 Title: Captain Ahab died in 2005. His will included, inter alia, the following two gifts to the ‘Midlands Whale Watching Club’: a) ‘My house, Moby Villa, to be used as a headquarters for the Club; and b) A£160,000, to enable members to go on trips to watch whales in Antarctica.’ The Midlands Whale Watching Club is a non-charitable unincorporated association whose rules consist of the following clauses: 1) The main object of the club is to promote knowledge of […]

Contract and Tort Law

2A) Fact and issues Entertainment Sdn Bhd rented the Very Lucky plaza hall for the pageant for RM500,000 and they also paid the deposit of RM100,000.The hall was old and dilapidated so Wan asked to touch up the places and it cost Very Lucky RM 50,000.However, a faulty wiring caused fire and burn down The Very Luck Hall. Entertainment is asking to refund the deposit but The Very Lucky Hall refused it and if fact they are asking to pay […]

Factual Causation Public Law

To decide whether an offence has been committed, first discuss the issue of causation. If Diana has caused Edmund’s death, we examine what offences she may have committed, and consider whether Diana may have any defences, including the partial defences to murder of provocation and diminished responsibility. In cases of murder and manslaughter, we must discuss whether the Defendant’s action caused the victim’s death first. Unless we can show this, there can be no offence. Courts will first look for […]

Introduction to Contract Law

CONTRACT A contract is a legal binding between two companies, businesses or parties that unites them in an agreement which is protected by law. A contract between the parties can be created verbally, in writing, by conduct or by all these means. And this contract becomes a valid contract if it has all the essential elements described as follows: It is important to mention that contract is enforceable only if all these elements are present in the contract. ESSENTIALS ELEMENTS […]

Payments in Construction Law

INTRODUCTION In construction environment, payments was defined as the value of works, materials or goods comprised in a contract as in Royden (M) Sdn Bhd v Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd[1]. In a simple words, payment can be a consideration in terms of money for works that Contractor had carried out and material delivered to site accordance to the contract. Contractually it can be said that the money must be paid by Employer promptly of fully unless there […]

The Functions of Law

Functions of Law Table of Contents The Law Concept of Functions of Law Kinds of Law to Carry Different Functions Advantages of Law Functions of Law in different perspectives Contract law Functions of Contracts Indemnity Contract Indemnity Holder Guarantee Bailment Agency Bibliography The Law The law defines the principles people live in a society. Through which we have balance in not only our society but also in our lives. Law gives the indication of what is right by making that […]

The Language of Law – an Interpretation

Language of Law – Interpretation Continues Abstract The paper is a nitty gritty investigation of ambiguities that emerge in the interpretation of legal language. It first discusses equivocalness that exists in English language and afterward happens to examine how the vagueness in language brings about making the law equivocal. Different illustrations and case laws have been utilized to clarify how the language makes the law uncertain. It then examines the requirement for evacuation of such equivocalness and talks about how […]

The Rule of Law

RULE OF LAW The rule of law is defined as ‘the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced; the principle of government by law.’[1] This is the principle that individuals and government can only act with publicly known law accordingly and those law must be enforced and adopted I a good manner and also consistent with the well established conventions, procedures and traditions. In the Australian Constitution, the […]

Vicarious Liability Problem Essay Example Pdf

In order to advise Freddy Hobart Ltd, one would have to explore the rules of vicarious liability of an employer and case law which may apply. Vicarious liability arises where there is a relationship between the tortfeasor and the party who becomes vicariously liable which justifies giving the latter responsibility for the acts of the former[1]. This means that a victim of a tort, in the present scenario being Flora, can claim compensation from the employee’s company if it is […]

Loss of Control Essay Example Pdf

>Introduction As Maria has Killed John, She is likely to be charged with his Murder. Maria is both factual, ‘but for’ her actions, he would not have died R v White (1910)[1] and legal cause, as her actions contributed significantly to the death of John (R v Smith (1959))[2]. The mens rea for murder is established by evidence, as Maria throws the vase at Pauls head with the intention to cause Grievous Bodily Harm (GBH), therefore indicates that Maria had […]

Common Law Essays