The role of Judges in the English legal system is to interpret and uphold the law, as laid down in statutes by parliament, and to uphold principles of common law, such as reasonableness and fairness REF1 . Judges may apply equitable remedies, which are discretionary remedies available in common law to ensure justice. It is argued … Read more
The doctrine of duress is well established in English Law and allows a party to the contract to set aside the terms of an agreement by showing evidence that pressure or force from the other party was put on them (against person or property) when the agreement was formed. The party subjected to the duress … Read more
Discuss the doctrine of separation of powers. Do you think that the separation of powers in the United Kingdom is sufficient? Separation of powers is a principle set out by Montesquieu in the 17th century after observing the British System of the time. The doctrine of the separation of powers sets out that there are … Read more
Secret trusts arise where a testator explains to X that they want property to be held on trust for Y and then leaves the property to X in their Will. It is also possible that a secret trust arises where in reliance on a promise to implement the trust by X, no Will is made … Read more
The work involved in investigating an unregistered title is far greater than that involved with a registered title. Ownership of unregistered land is evidenced by deeds, mostly conveyances. The Seller shows to the Buyer a period of unchallenged ownership, and there is substantial reliance on the integrity of the title deeds. If any are lost, … Read more
As the New Year approaches, many of us start to think of ways we would like to improve our lives. For some, it’s a plan to make more money, or lose weight. Small business owners, however, should be considering (among other things) ways to improve their operations in the coming year. Using contracts is, in … Read more
Contracts of employment can comprise of both express and implied terms. Express terms are those set out in the contract, and implied terms are those read into the contract by operation of common law and statute[1], as a result of the employer/employee relationship, which is one of trust. Arguably the most important[2] implied term is … Read more
The concept of vicarious liability is that one person has legal responsibility for a tort committed by another person. In an employment scenario for example, an employer will generally be vicariously liable for the negligent acts or omissions carried out by his employee, providing they are carried out in the course of their employment. The … Read more
“A Romalpa clause is an effective weapon which protects an otherwise unsecured creditor.” Discuss and critically analyse this statement. Introduction Remedies for the unpaid seller For the majority of sales contracts, the issue of who has title to the goods generally arises only where the Buyer goes into liquidation or cannot pay his debts [1]. A … Read more
The Working Time Directive has proven to be one of the most contentious areas of EC Law to have been introduced into Britain. Directive 93/104 specifies the number of hours employees have to work as a maximum, together with rest periods and specified times for night shifts. For example, Article 3 allows that workers must … Read more
Where dishonesty is discussed in statute, it’s only negatively defined. Section 2(1) Theft Act 19681 gives the three situations in which a defendant isn’t dishonest in appropriating property. Where none of these situations apply, dishonesty is governed by the Court of Appeal’s decision in R v Ghosh 1982 QB 2053, referred to as “the Ghosh … Read more
A share may be described as “an interest of a shareholder in a company measured by a sum of money for the purpose of liability in the first place and of interest in the second”[1]. Shares also represent the statutory contract between a shareholder and all the other shareholders of the company[2]. The share affords … Read more
Social contracts are used to denote an agreement within a state while dealing with the rights and responsibilities of the state and its citizens. All members within a society are assumed to agree to the terms of the contract, when they choose to stay in a society. The social contract theory has been debated for … Read more
An essential element to establishing a claim of Negligence is that the breach of a duty of care by a Defendant caused loss suffered by a Claimant – or, there’s a causal connection between the Defendant’s carelessness and the Claimant’s loss. The principles of causation ensure that the Defendant won’t be liable for damage he … Read more
The principle governing the award of damages in tort, is as nearly as possible to put the claimant in the same position they would have been in if the tort had not been committed (Livingstone v Raywards Coal Co). In some cases, the claimant will have suffered several different kinds of loss. These types fall … Read more
