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Law Essays

Law Essays

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Criminal Law, Commercial Law, Company Law, Tort Law, Medical Law, Employment Law, Human Rights, EU Law, Intellectual Property, Family Law, Constitutional and Administrative Law.

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Law Essays

Code
Title / Subject
lawe0001
Consumer Guarantees: the EC's draft Directive

With the establishment of the Single Market the European Community has at last begun to have an impact on some of the core areas of commercial and consumer law. The European Commission has published proposals for a directive on the sale of consumer goods and associated guarantees which, if adopted in its present form, will require further amendment to a central area of sale law which was the subject of domestic reform just two years ago. The purpose of this piece is to examine the proposals and to consider their likely impact should they be adopted

[10,000 words]
lawe0002
Unfair Terms in Consumer Contracts Regulations 1994

In 1975 the European Commission’s first draft proposal on unfair terms in consumer contracts appeared but it took some eighteen years for the contents of the Directive to be finally agreed. During the intervening period the format of the proposal changed greatly and that adopted on April 5, 1993 represents a significantly watered down version not only of the Commission’s original proposal but also a number of the proposals put forward during that time. The Member States were required to implement the provisions of the Directive into national law by December 31, 1994 and this has been achieved in the United Kingdom by means of the Unfair Terms in Consumer Contracts Regulations 1994 made under the European Communities Act 1972. The Regulations became operative on 1 July 1995. Hitherto control over the use of unfair terms has been provided both by statute and under common law and in relation to the former the most important is the Unfair Contract Terms Act 1977. Like a number of other EC consumer protection measures, this Directive is one of minimum harmonisation and thus Member States are entitled to maintain or introduce stricter rules to control unfair terms

[10,000 words]
lawe0003
Should parent’s be held responsible for the criminal acts of their children to a greater or lesser extent than the law at present commands? We can’t cope with the effects of youth crime - 1997 Audit showed that youth crime amounts to 7 million recorded offences per year, costing over £4 billion, and only a quarter being solved by police

The courts deal with only 3% of these offences – i.e. a caution is the most typical form of sanction, as children under 15 cannot be ordered to a Young Offender’s Institution. Only 1 in 18 receives a custodial sentence, and many receive caution after caution with impunity. The average age for a young offender is 15. A quarter of all known offenders in Britain are under 18. In ten years there will be an estimated 10,000 more criminal teenagers if the trends continue. Depend on the causes of youth crime and trying to prevent it as well as determining which type of sanction helps deter recurrence of youth crime. Possible causes range from poor diet, family background, poor communication, poor discipline, poor attitude, socio-economic and personal problems, boredom, and opportunity to irresponsible parents

[15,000 words]
lawe0004
Assess the correctness and appropriateness of the current legislation governing the various categories of euthanasia

Euthanasia concerns the premature cessation of life. Despite often being viewed as a ‘good death’, owing to its painlessness and resultant relief from extreme suffering, it inevitably involves killing of some description. This fuels legal and moral debate as to its acceptability and virtue. This piece will examine the different categories of euthanasia, the current English law governing them, and a consideration of the recent case of Diane Pretty. It will also analyse religious and secular standpoints on the matter. Finally, conclusions as to their significance will be drawn, and potential further developments in the legal domain will be explored in an attempt to add to this debate

[11,000 words]
lawe005
Critically analyse the effectiveness of lay people and compare and contrast the roles played by the judiciary, lawyers and lay people in the English legal system; making reference to their purposes

The contribution of almost all court personnel is essential in the effective functioning of the English legal system. The most notable include: the judge or magistrate, the jury, defendant, plaintiff, barristers, solicitors and the crown prosecutors. They all contribute to the functioning of the legal system in different ways and the effectiveness of their contribution can be assessed with references to legislation, case histories and various law reports. The term ‘lawyer’ has become an almost standard term that is heard in daily use and The Oxford English Dictionary defines it as ‘a member of the legal profession’ but this masks the point that there is no single legal profession but instead there are two principle professions and some secondary ones. In England and Wales there are commonly thought to be two branches of the qualified legal profession: barristers and solicitors

[5,000 words]
lawe0006
Discuss Common Law of Defamation: Defamation can be defined as a publication of an untrue statement of fact by words that expose them to hatred, contempt, or ridicule; which is likely to make a reasonable and respectable person think less of the claimant

Alternatively, tend to make the claimant, “be shunned and avoided and that without any moral discredit on the claimants part.” There are two types of defamation under English law, libel being a defamatory statement made in writing and films which is in some sort of permanent form. Slander is a defamatory statement made by words of mouth or gesture

[2,500 words]
lawe0007
Public Law and Administration: This problem is about various grievances of citizens affected by the government exercising statutory powers

The author will analyse the facts of each case to determine any possible grounds of challenge, apply the relevant law and advise each client as to the most appropriate remedy to resolve their grievances in light of availability, likelihood of success, effectiveness and cost implications. While statute may provide guidance on how a public authority is to exercise its delegated powers, more often strong discretionary powers are granted as in this case to the Secretary of State (hereinafter SoS). The courts have developed principles of administrative law for public authorities to follow that prevent abuses or misuses of power. Discretionary powers are not absolute but are subject to rules of reason and justice

[3,000 words]
lawe0008
Does the contemporary view of marriage as a public commitment of private love and romance resonate with religious and legal regulation (past and present): The essay will seek to analyse the role marriage plays in the twentieth century and how the ancient old institution has changed over time and taken on different formats

It will reflect on how a very private and emotional ceremony for many has been entangled into stringent legal and religious regulations, and how these regulations have shaped what, in the past was viewed as marriage and what is now considered to be marriage. The questions requires an in depth analysis of the history of marriage and how over time the contemporary view of marriage has changed. It is important to note from the onset that it will not be an essay answering whether or not marriage is important , but an essay that evaluates the connection between the person and the states regulation of the institution and whether there is a significant degree of separation between a public commitment of love and romance and the legal and religious regulations that surround these notions

[4,500 words]
lawe0009
Commercial Law - Parliamentary Sovereignty vs

Doctrine of Precedent: The Parliament of UK is one of the most peculiar institutions in the UK. It can simply change anything by a simple majority. One of its main functions is to create and amend laws. This role of Parliament has mainly developed in the past two-three decades. However, despite the growing implementation of statutes created by Parliament, I personally think case law (aka. precedent) has retained its importance in the English Legal System. The doctrine of precedent is based on the principle of stare decisis, which means to stand by things decided

[1,500 words]
lawe0010
Critically analyse and evaluate this statement in light of recent developments in the law of proprietary estoppel

Despite the lack of a definitive formulation, it is widely accepted that the elements of assurance, reliance and detriment must be present in order to found a claim of proprietary estoppel. The doctrine has however been widely criticised for being too flexible and uncertain. The main cause of this uncertainty is the lack of clarity surrounding the role of unconscionability. It has been stated that unconscionability is “at the heart of the doctrine,” and yet there is “little guidance as to what it means, little explanation of why it is at the centre and thus virtually no consideration of the role it might play in providing both a justification for, and a limitation on, successful estoppels”

[2,500 words]
lawe0011
Criminal Law Omissions

In the English legal system there is generally no liability for an omission to act, the English legal system does not have a good Samaritan rule neither is there no duty of easy rescue. In the English legal system there is generally no liability for an omission to act, the English legal system does not have a ‘good Samaritan rule’ neither is there ‘no duty of easy rescue’. Fitzjames Stephen gave a classical example of ‘A seeing B drowning and is able to save him by holding out his hand. A abstains from doing so in order that B may be drowned, A will have committed no offence.’ This example clearly shows that there is no positive duty for B to act, even though B holding his hand out may have saved A’s life

[2,500 words]
lawe0012
The use of constitutional conventions has enabled the UK to have workable constitutional arrangements despite having thoroughly outdated formal legal rule

Discuss. In this essay I will define the constitution, its main elements and its aim. Moreover, I will explain the structure of the British constitution and its sources which are divided as legal rules and non legal rules. Then I will explain the constitutional conventions, their functions and their effects on the British constitutional arrangements. Finally I will conclude on whether “the use of constitutional conventions has enabled the UK to have workable constitutional arrangements despite having thoroughly outdated formal legal rule” or not

[1,000 words]
lawe0013
The law should promote financial equality in ancillary proceedings following divorce

Discuss. Following a divorce, the court has wide powers to redistribute the parties’ property. When redistributing the parties’ property, the court has to take into account the factors listed in s.25 of the Martimonial Causes Act 1973. The House of Lords’ decision in the case of White v White introduced the ‘yardstick of equality’ promotes financial equality in the ancillary proceedings following divorce. However, not all ancillary proceedings cases are decided equally such as that in J v J. Furthermore, the courts often find it difficult to divide the property equally between each parties due to the circumstances of the parties such of which will be discussed below

[1,500 words]
lawe0014
Assess the Idea of the Rule of Law from Different Perspectives

Undoubtedly, United Kingdom is unique per se since it has an uncodified constitution whereby the source of constitutions is mostly scattered in other manners. The reason being is that, instead of an obvious governance system, the separation of powers in United Kingdom has not been clear throughout these centuries. Hence why, the rule of law is imperative to ensure the overlapping of three bodies of government has not acted ultra viresly. The enduring importance of this principle is as described by Aristotle that the rule of law is better than any of the individuals. It is then affirmed by LCJ Coke by expressing that: “ The King himself ought not to be subject to man, but subject to God and the law, because the law makes him King.”

[2,300 words]
lawe0015
Exemption Clauses Business Law: Exemption clauses are an agreement in a contract which helps the party to have limited or to exclude liability

It can be used unfairly which makes it a disadvantage to other party which is why there are laws in place to limit the use of clauses and to make it fair. Mr. Torres has been using Greased Lightening for five years this time he placed a different order and at the same time the contract arrived late as well as that there were new terms stated in the contract now I will find out whether the clauses are valid explain them and any possible remedies

[1,700 words]
lawe0016
Criminal Law Act 1967: All offences are made up of two elements, that is the actus reus and the mens rea

Under Criminal Law, if the prosecution has been able to prove the actus reus and mens rea of the offence, the defendant may be guilty unless he or she is able to establish a defence.[1] Among all the defences, some are partial defences which do not lead to a complete acquittal, but only reduce the charge for which the defendant is convicted. It is for the prosecution to prove that the defendant was not relying on the defence if a defence is regarded as a denial of actus reus or mens rea. [2] In the theory of criminal law, it is common to distinguish between justification defences and excuse defences. In the context of justifications, a defence is allowed because the special circumstances in which the action is performed make the action desirable, or at least permissible, from a social and moral point of view. Justification functions as an exception to the criminal prohibition where the action is not wrongful and is warranted

[4,000 words]
lawe0017
Criminal Justice Act 2003: At common law, the general rule was that hearsay was inadmissible in evidence despite the many exceptions to the rule which exist

The hearsay rule is classically defined as “an assertion other than one made by a person while giving oral evidence in the proceedings is inadmissible as evidence of any fact asserted”. The major justifications for the exclusion of hearsay at common law are that such evidence is potentially dangerous as there is the possibility of fabrication by witness by the fact that such evidence is not given under oath and that it poses difficulty in assessing the weight and reliability of the statement as the truth of the evidence is unknown. On the other hand, renowned academicians have expressed concerns that the consequences of hearsay rule can lead to cogent evidence being excluded. Certain hearsay evidence are said to be “credible, probative, and reliable, can give a better-rounded picture of what happened, and can be better than no evidence at all”

[4,000 words]
lawe0018
Homicide: The act of homicide is broken down in English law to murder and manslaughter, in other countries such as the USA murder or manslaughter is usually referred to just as homicide

In the USA murder is broken down into different degrees however in English law it is not, it is murder which follows with a mandatory life sentence. There can be various different types of manslaughter dependent on the situation and very different aspects involved with the crime itself. Unlawful killing is when and a person of sound mind and of the age of discretion can commit the actus Reus of murder by unlawfully killing another person. This means that the defendant in a murder case must be legally responsible for his actions and cannot be classed as insane, cannot have committed the crime under diminished responsibility and has to be a person and not a corporation

[2,000 words]
lawe0019
What would it take to change the UK constitution? A constitution is a set of laws, principles and practices which are laid out to act as an overarching basis for the governing of a country and to control the powers of separate institutions whilst managing and creating a relationship amongst institutions and between them and the individual

Though it is often said that the UK lacks a constitution, this refers largely to a narrow approach in which a constitution is written and codified in one document such as that of the U.S. In fact, the UK does have a constitution and one which is far from unwritten as it is found amongst an array of legal and non-legal sources dating back to 1215 where for the first time the power of the King was restrained. Change of the UK constitution can, and does, occur in a number of different ways. The most drastic and difficult of these would be to change the nature of it

[2,400 words]
lawe0020
It is often said that no reputable constitutional lawyer would claim that the separation of powers is a feature of the UK constitution

Why is this claim made, and is it correct? Whilst it is true that the idea of a separation of powers in the United Kingdom as an element of the existing constitution is a disputed one, it is clear that there are several leading opinions as to the extent to which the United Kingdom conforms to any model, the nature of this model, as well as the reasoning behind separation of powers. It is contested whether the position of the UK, in which exists a certain amount of fusion between the executive, the legislative and the judicial functions, can be considered to have a separation of powers in the ‘pure’ sense. It is a theoretical feature of any separation that ‘Parliament, the executive and the courts have each their distinct and largely exclusive domain. Parliament has a legally unchallengeable right to make whatever laws it thinks right

[2,000 words]
lawe0021
Critically analyse the relations between the form of life and the jurisprudence of the office of the jurisprudent in the domain of human rights and development

Human rights development impacts on the relationship between the form of life of the jurist and the office of the jurist in a number of ways. Thus it is integral that we analyse and critique the relations between the form of life and the jurisprudence of the office in the domain of the human rights. The essay will attempt to look at this relationship within the lens of natural law jurisprudence. And whilst we could simply look at how these links are affecting the jurist it also important to look at how we can proceed within the arena of human rights development and how the relationship may change. Jurisprudence theorist such as Finnis, Simonds and to some extent Hobbes have supported the development of human rights and whilst sceptics such as Bentham may tarnish such support there is and always will be a future for global human rights

[4,000 words]
lawe0022
Both the common law and statute make it too easy for buyers to reject goods

Critically discuss this statement. The rights of consumers have been protected by laws for centuries. These laws have established a variety of legal forms, which including criminal law, tort, and contract, to achieve their objectives. In addition to those laws numerous other provisions have the effects of protecting the consumer, which specify consumer protection as their primary concern. For example, during the prosecution of fraud, protecting property, or facilitating litigation. In general, the civil law assists the consumer by imposing certain obligations on manufacturers and suppliers of goods and services and by restricting attempts to exclude or cut down these obligations or the remedies available on breach. (Cartwright, 2001) It should be kept in mind that here is no universally agreed definition of the term ‘consumer’. Although a number of statutes, both criminal and civil, attempt to define it for their own purposes

[2,500 words]
lawe0023
Law of Torts: From its foundation, the law of Torts was designed to provide justice to those who had felt an injustice had been done against them

“It was to fulfill the objective of preventing “blood feuds” that the law developed an action for compensating harm, which eventually became the law of torts.” (p. 4, Giliker et al, 2004) Justice that had before been arbitrary and violent became reasoned and peaceable. We can derive from this that the original intent of the law of torts was to provide justice; unlike, for instance, contract law, which was to ensure the smooth running of the market in England. Furthermore, there is a basic tenet of Torts, which was outlined by Lord Blackburn in Livingstone v Rawyards Coal Co (1880) 5 App Cas 25,39: “The sum of money which will put the party who has been injured or who has suffered in the same position as he would have been if he had not sustained the wrong for which he is now getting his compensation or reparation.”

[2,000 words]
lawe0024
English Law: This essay will critically evaluate the development of English law relating to the ability of people to make small claims in the County Court; the theoretical purpose and ability of the Court, the financial possibility, the relevance, and new and ongoing developments

The County Court was created in 1846 by the County Courts Act (Archer, 1956); and so is a court created by statute, putting it in contrast to some other English courts which developed through the common law. The purpose of the county court was to deal with small claims, and to be affordable for the poor, so that justice might be available to all. The name is perhaps misleading, as County Courts are not divided by counting, but into 216 “circuits”. The County Court hears cases involving personal injury, negligence, money claims, etc, all of which are up to claims worth £50,000

[2,000 words]
lawe0025
Lay Magistrates Discuss

Lay Magistrates occupy a particularly controversial position in the English Judiciary. They are usually unqualified in the law, being lay people and the Courts they rule over, the Magistrates Courts, do not have Juries; that is, whether a defendant did in fact commit a crime is determined by the Magistrate and not by a panel of the accused’s peers. Juries are often seen as a strong defence of individual liberty and trials without them are derided by elements of the press as being dangerous precedents. The Magistrates Court, then, is a Court where the decisions of fact are essentially made by a “professional juror.” Nonetheless, this still follows the principle of participative democracy, which has a rich history in English Common Law; that ordinary citizens should be involved in the decision making process of law. Magistrates themselves date back to the 14th Century

[2,000 words]
lawe0026
The law does not prohibit a suspect from confessing to a crime

It does however provide that a suspect should be free to remain silent should he so choose and that he should be informed of his right to do so. Analyze with reference to relevant case. A person who is charged with a criminal offence enjoys certain rights. The principle right is that of the right to silence and the right not to incriminate yourself. The right to silence is an immunity, which differs in nature, origin, incidence and importance. The suspect’s immunity was developed in order to avoid the risk of untrue confessions being obtained from a person in police custody. The law does not prohibit a suspect from confessing to a crime. It does however provide that a suspect should be free to remain silent should he so choose and that he should be informed of his right to do so

[2,500 words]
lawe0027
Litigation and Resource Allocation of Healthcare in the NHS: Litigation has provided patients with access to healthcare that was initially denied to them

Judicial review of decisions made within the National Health Service (NHS) has provided those in extreme circumstances with the ability to scrutinize the viability of decisions not to provide them with treatment. Syrett outlines that judicial review allows patients to, ‘redress the imbalance of power inherent in the physician-patient relationship’ Syrett adds that this action, ‘connects the legal framework to those ethical principles’ and necessarily, ‘underpin[s] the practice of medicine.’ Judicial review ensures that Primary Care Trusts (PCT) and Health authorities are answerable for their decisions as illustrated by Dyson J who stated ‘but if they decided to depart from it, they had to give clear reasons for doing so and those reasons would have been susceptible to a Wednesbury challenge

[2,000 words]
lawe0028
The Civil Partnership Act: This essay will firstly address the similarities and differences between marriage and civil partnerships

It will then address the various commentators, who have argued for the legitimacy and fairness of the distinction and then highlight invaluable opposing arguments against these justifications. The nature of the distinction between marriage and civil partnerships is based upon legislation. The Civil Partnership Act (CPA) is nearly identical to the Matrimonial Causes Act (MCA) despite a few missing statutory provisions. Firstly both Acts allow couples to create permanent legally recognised relationships. However the institution of marriage is solely open to opposite-sex couples while civil partnerships are solely open to same-sex couples

[2,000 words]
lawe0029
Evolution and Implementation of International Environmental Law: The modern international environmental law exists due to the ability of the general international law and the states to identify previous and existing environmental challenges and to enter a process of learning from their mistakes by establishing the Aarhus Convention

The evolution of the Stockholm Principle I (1972) brought up the notion of the human right to the healthy environment. This was later strengthened by the Rio Principle 10 that declared the necessity to implement the Principle I by promoting public awareness and considering all levels of stakeholders in the decision-making process

[1,500 words]
lawe0030
Unjust Enrichment: The restitutionary principle of free acceptance (“FA”) was first introduced by Goff and Jones in their first edition of The Law of Restitution

Although this principle has been recognized in the English law of unjust enrichment, its existence and function remain controversial. In my essay I will critically assess the operation and roles of FA in the restitution of unjust enrichment, and conclude my essay with my stand that FA has a limited role in the English law of unjust enrichment

[3,500 words]