Free Law Essays
Free Law Essay - The Case Of Barclays Bank Ltd V Quistclose Investments Ltd
Barclays Bank Ltd v Quistclose Investments Ltd. House of Lords [1970] AC 567, [1968] 3 All ER 651, [1968] 3 WLR 1097. The case of Barclays Bank Ltd v Quistclose Investments Ltd explained the key legal issues that arise when a lender lends money to a company for a particular purpose, but the company goes into liquidation before the loan is repaid
Free Law Essay - The Life Interest Of Parwinder Which On The Surface Appears To Be A Vested, Immediate And Limited Interest
The life interest of Parwinder which on the surface appears to be a vested, immediate and limited interest is coupled with a remainder interest for their daughters. In this instance, there is a problem with certainty of intention. Although technical words are not necessary, problems arise when precatory words such as ‘in full confidence' and ‘will respect' are used in this provision. The wording of this provision is very similar to the wording of another provision featuring in Comiskey which stated “in full confidence that … at her death she will devise it…” between nieces as “she might see fit.”
Free Law Essay - Prosecution Should Be Allowed To Introduce Evidence Of The Defendant's Previous Bad Character
This assignment will consider the view that the prosecution should be allowed to introduce evidence of the Defendant's previous bad character as long as its relevant. It will also consider whether or not to withhold such evidence is against the public interest and not in the interests of justice. It will consider the view that the trier of fact can be trusted to evaluate evidence of a Defendant's previous convictions. It will be concluded that whilst these assertions can seen to be generally correct, there are difficulties in some exceptional cases. The Criminal Justice Act 2003 attempts to rectify these difficulties but whether it creates more problems than it solves remains to be seen
Free Law Essay - In 1980 Victor Became The Registered Proprietor Of Mandalay
In 1980 Victor became the registered proprietor of Mandalay, which comprised a house with a heated conservatory, a tiny cottage and a large garden. Since 1985 Victor's sister, Samantha, a landscape gardener, has also lived in Mandalay because she had become ill and needed Victor's support. During 1995 Samantha landscaped part of the garden, adding statues, lawns and flower beds. In 1996 Victor traveled to Russia and met and fell in love with Ekatarina. Ekatarina, divorced with two young children, was persuaded by Victor to give up her highly paid job in St. Pertersberg and to uproot her children to move to Mandalay. Ekatrina and her children lived in the cottage which, Victor told her, was now hers. At that time it was almost derelict and so Ekatrina put much time and effort into renovating it. She did much of the work herself. Victor and Ekatrina did not marry
Free Law Essay - Directors Of The Company Have Statutory And Common Law Duties Such As Fiduciary Duties
Under the current legislation the directors of the company have statutory and common law duties such as fiduciary duties. However, many directors do not seem to know who they owe duty to; the shareholders of the company or the company itself. A director exercises his agency function for his principal, the company, through the Board or when other directors specifically delegate the function to him as an agency for the Board. Invariably, directors are in control of the company's assets and therefore their duties as an agent of a company are not similar to any commercial agent. These duties in addition to being an agent are known as fiduciary duties
Free Law Essay - Has The ECJ's Interpretation Of The Right Of Free Movement Of Workers Been A Wide Interpretation? Discuss
Has the ECJ's interpretation of the right of free movement of workers been a wide interpretation? Discuss. The ‘broader notion of EU solidarity [is] the underlying aspiration of integration of peoples of Europe', revealed through the fundamental concepts of free movement of workers, persons, goods and capital, especially following the Case of Hoekstra during which the ECJ defined the term ‘worker' to reflect the ethos of the European Community. The Single European Act, and the Treaties of Maastricht, Amsterdam and Nice have reflected the changing ethos associated with altering social policies which now require a greater accountability
Free Law Essay - Outline And Critically Discuss The Notion Of Individual Criminal Responsibility For War Crimes
Outline and critically discuss the notion of individual criminal responsibility for war crimes, where the perpetrator has acted under superior orders, in the light of the Statute of the International Criminal Court and the case law of the International Criminal Tribunal for the former Yugoslavia. The notion of individual criminal responsibility has evolved from a merger of traditional international law with human rights and humanitarian law 1. Historically, the notion of individual criminal responsibility has been recognised from the end of the First World War in the Treaty of Verseilles 1919 2, thereafter the 1945 Nurenberg Charter 3 and then the General Assembly of 1946
Free Law Essay - Sanjay's Action In Cutting The Rope Was A More Than De Minimis Cause Of The Serious Injury
Sanjay's action in cutting the rope was a more than de minimis cause of the serious injury Tania sustained falling down the mountain and could constitute the actus reus of several difference offences. The most serious of these might be attempted murder. The decision in Whybrow confirmed that an intention to cause grievous bodily harm will not suffice as it will for murder; a specific intention to kill must be proved. Clearly although Sanjay's aim and purpose was not to kill Tania but to save himself and Rupert, her fall and injuries were an unavoidable consequence of his actions and he arguably, therefore, obliquely intended that result
Free Law Essay - The Legal Burden Of Proof In Any Proceedings Relates To Particular Facts In Issue
The legal burden of proof in any proceedings relates to particular facts in issue. In criminal proceedings, the legal burden of proving any fact which is essential to the prosecution's case rests upon and remains with the prosecution for the duration of the trial. Generally, the defendant in the proceedings will bear no legal burden at all in relation to the essential ingredients of the offence. The reasoning behind this is that all persons are entitled to a fair trial where the presumption of innocence is a fundamental right
Free Law Essay - Individual Is Suffering From Mental Disorder Or Mental Incapacity
'Where an individual is suffering from mental disorder or mental incapacity, others may sometimes have the right to take decisions for them, but this should always depend upon there being a proper legal justification: it should not happen simply because others think that they know best'. Evaluate critically the current mechanisms and provisions and the proposals for reform in respect of proxy decision-making on behalf of incapacitated adults. In the UK, there is a mistaken belief, that close relatives and loved ones are entitled to make decisions regarding medical treatment on behalf of those unable to make such decisions for themselves
Free Law Essay - Residential Property In Extensive Grounds Known As Greenacre
Brian recently purchased from Diane (the sole registered proprietor) a residential property in extensive grounds known as Greenacre. Brian moved into Greenacre two weeks ago and the following matters have come to light. (A) Stella, a neighbour, has taken to using Brian's driveway to gain access to a neighbouring field which she owns. When challenged by Brian she produces a deed dated 7 June 2005 in which Diane has granted her this right of access across Greenacre to Stella and her successors in title
Free Law Essay - Since The Coming Into Force Of The Human Rights Act 1998
Since the coming into force of the Human Rights Act 1998, changes have had to be made to the justice system in respect of Article 6, 'the right to a fair trial'. Critically evaluate this statement. Reconciling domestic legislation with regulations acknowledged by the European Courts of Human Rights (ECHR) illuminates perceived violations of fundamental guarantees, integration being incompatible with the principles of accountability lying within the precepts of Parliamentary sovereignty and its doctrine of implied appeal
Free Law Essay - Are There Moral, Ethical And Legal Justifications To Refuse Treatment Including Organ Transplant To A Patient Who Is An Alcoholic Or Has A Serious Drug Dependency?
Are there moral, ethical and legal justifications to refuse treatment including organ transplant to a patient who is an alcoholic or has a serious drug dependency? The recent death of the footballer George Best generated a significant amount of public comment - predominantly negative - on the merits of allowing a liver transplant to a patient whose pre-operative terminal condition was a direct result of self-inflicted alcohol abuse and who proceeded, following the life-saving transplant, to abuse the replacement organ in precisely the same way
Free Law Essay - Family Law - Annie v. Khalim And Re: Mehmet (A Child)
Family Law - Annie v. Khalim and Re: Mehmet (A Child) This situation requires consideration of a number of issues: Financial ancillary relief: the fate of the former matrimonial home and Annie's claim for maintenance; The role of the Child Support Agency; Child Abduction: Prevention and Remedies. Financial Provision: Annie - The court will grant an uncontested divorce. Financial provision for Annie and Mehmet (subject to the role of the CSA) is relief ancillary to the divorce. Sections 23 & 24 of the Matrimonial Causes Act 1973 (as amended) empowers the court to make any or all of the following orders
Free Law Essay - The Situation Concerning Bea Raises A Number Of Queries In Relation To Medical Negligence
The situation concerning Bea raises a number of queries in relation to medical negligence. It may be that the hospital has been negligent in administering treatment to Bea. The doctors owe a high duty of care to the patient. Whether a duty of care exists will be decided by established legal principles. It has been said of the existence of this duty that [a] patient claiming against his doctorusually has little difficulty in establishing that the defendant owes him a duty of care
Free Law Essay - Advise Boncacao Of The Legality Of Each Of The Following Situations Under EC Law
"Boncacao" is a large company, making chocolate and chocolate-based products, based in York, UK. It has just started taking advantage of the wider market offered by the EU, but has hit a number of problems. Advise Boncacao of the legality of each of the following situations under EC law: Introductory Comment - This question necessitates the analysis, interpretation and application of the free movement of goods provisions of EC law
Free Law Essay - Establish Cirrus's Liability Under The Contract With Glacier Lake Winter Sports
In order to establish Cirrus's liability under the contract with Glacier Lake Winter Sports it must first be established whether or not there existed a contract of sale that falls within the remit of the Sale of Goods Act 1979 between Cirrus Ltd and Glacier Lake winter sport. Section 2(1) of the Sales of Good Act 1979 stipulates that: A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price
Free Law Essay - Explain What Is Meant By The Term Common Law And How And Why The Law Of Equity Came Into Existence
Explain what is meant by the term common law and how and why the law of equity came into existence. The English legal system is described as "common law", but what does this actually mean? In fact, the term has several different possible meanings. Firstly, and perhaps most commonly, the term is used to refer to law that it is not the result of parliamentary enactment. Glanville Williams describes this as "law created by the custom of the people and decisions of the judges"
Free Law Essay - Consider The Consumer Credit Act 1974 And Preceding Regulations
1. Introduction and Aim - This thesis will consider the Consumer Credit Act 1974 and preceding regulations that have been passed, together with proposed legislation and the Human Rights Act. It will consider these in some detail and consider whether or not the protection that is offered to the debtor is at the detriment, always, of the creditor. It will be concluded that because of the misbehaviour of a few the entire credit industry is detrimentally effected by this act
Free Law Essay - The 'Delta Group' And Its Shareholders Of Any Possible Corporation Or Income Tax Consequences Of The Below Events
The 'Delta Group' And Its Shareholders Of Any Possible Corporation Or Income Tax Consequences Of The Below Events. Background: A) The 'Delta Group' of trading companies comprises the parent company, Delta Ltd (DL) (which manufactures pharmaceuticals), and its wholly-owned sales distribution subsidiaries, Alpha Pty Ltd (AL) and (Beta) Ltd (BL). During the financial year 1 April 2004 - 31 March 2005, DL has trading profits of 3.5million pounds; AL has incurred a trading loss of 750,000 pounds (equivalent)
Free Law Essay - Flighty May Have A Claim For Both Unfair And Wrongful Dismissal
Flighty may have a claim for both unfair and wrongful dismissal. In order to bring these claims there are certain requirements. For a wrongful dismissal claim Flighty must simply show that he was dismissed and that this was wrongful, however for an unfair dismissal claim she must show that he has been dismissed, that he qualifies for the right to claim for unfair dismissal, that the Bossman Ltd did not have a fair reason and that if the Bossman Ltd did have a fair reason that it was implemented fairly
Free Law Essay - England's Booming Immigrant Population Brings With It The Question Of Assimilation
England's booming immigrant population brings with it the question of assimilation: to what extent does one remain culpable for the dictates of his or her native culture? Moreover, to what extent should England enforce its own laws and traditions? On one hand, the argument exists contending that immigrants ought to assimilate into English society immediately. Conversely, an equally feasible argument exists that while immigrants ought to take part in and abide by certain English laws and traditions
Free Law Essay - When And How State And Community Laws Conflict
when and how state and community laws conflict. 1. Aim - Pluralism is a main feature of Britain as a country, although this statement, as it will be demonstrated, suggests a theory and is not in itself a reflection of reality. There is ethnic pluralism. There is again, religious pluralism with Christianity, Islam, and other traditional religions Religious pluralism has compounded ethnic pluralism
