Title: “The remedial constructive trust has taken root in the United States and Canada: it is unlikely to do so in England” Millett LJ in Restitution and Constructive Trusts 1998 114 LQR p399. Explain the differences between remedial and institutional constructive trusts and the advantages and disadvantages of each approach. Discuss whether judges in England […]
The purpose of this brief is to examine and evaluate the effectiveness and relevance of the Postal rule in the modern context of contract law. Generally, the Postal rule is used to resolve disputes where there is no formal communication received, or it is delayed by post. It is a set of principles that allow […]
The obligation to obey the law – the normative phenomenon in jurisprudence. Introduction: This dissertation aims to provide a general discourse into the normative jurisprudential phenomenon of political obligation. The debate surrounding the issue of whether or not there exists a general obligation to obey the law shall be defined and described, and the arguments […]
‘The Law Commission’s review of the law of intention confirms the view…that the English law of intention for murder is based upon an understanding that lacks in two opposite ways. First, as regards direct intention, the law is morally under-inclusive in that it places too much moral weight on a psychological conception of the required […]
“The House of Lords decision in Bolitho (Bolitho v City and Hackney HA [1998] AC 232) is a belated and welcome departure from judicial deference to medical opinion but there is still too much deference and more has to be done”. Critically comment on the above statement. In any negligence claim, in order to succeed […]
“The ‘fair dealing’ defences occupy a pivotal position in copyright law. They ensure a balance between the interest of the copyright owner in securing a just return on creative work and the public interest in ensuring that intellectual property does not impede the flow of ideas and information.” J Griffiths Preserving Judicial Freedom of Movement […]
“The decision of the House of Lords in Street v Mountford in 1985 represented a sea-change in the approach of the courts” (Smith R, Property Law 6th edition (2009) p. 354, Longman Press). Discuss in the context of the court’s approach to the distinction between leases and licences. Introduction Many cases prior to Street v […]
Introduction This essay will consist in an attempt to analyse the doctrine of impossibility and its operation in relation to contracts. It will look closely at both the concept of initial impossibility arising from a common mistake on the part of both parties as to the state of things before the contract was agreed and […]
The Children’s Act 2004 The Children’s Act introduced in 2004 aimed to address concerns about the protection of children. As such, to a significant extent it built on the provisions of the 1989 Children’s Act. Above all, the main motivation for establishing a new act relating to children was a series of high profiled cases […]
“The cases provide many examples of judicial awareness of the danger that too strict an application of the requirement of certainty could result in the striking down of agreements intended by businessmen to have binding force” – Treitel. Critically evaluate this statement in light of case law and consider in your answer whether the extent […]
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