The defence of insanity in English law

“The criminal legal system provides a defence for people who, as a result of their mental condition, should not be held responsible for what would otherwise be criminal conduct. This is the defence of “insanity” and the present form of that defence dates from 1843”. Where the mental illness is of such a severe nature … Read more

Overriding interests and the definition of actual occupation

The Land Registration Act 2002 provided a specific rule that certain interest are capable of overriding a registered disposition . The purchaser of the land for value is bound by these interest, even if he does not know of the existence, so long as the claimant has rights to the interest. Overriding interest occurs when … Read more

Classifying contract terms as either conditional or warranty

Classifying the term of a contract as either conditional or warranty may seem easy to comprehend, however, it is complex and difficult to decide in practice. Although terms implied by the statute, ‘the sales of goods act 1979’ classifies the terms of a contract as conditions or warranty, it can be perceived to be easily … Read more

Doctrine of precedent: apparent or real?

“A proper understanding of the doctrine of precedent will lead you to the conclusion that in many cases the bindingness, which is alleged to be the basis of the doctrine, is more apparent than real” (McLeod, 2011). In this essay, the reliability of the doctrine of precedent will be discussed. The doctrine of precedent is … Read more

Breach of duty of care – personal safety

Introduction Breach of duty is established where the action or inaction of a person is appeared to have fallen below a reasonable standard of behaviour demanded by law. The demand of standard of care is naturally higher when personal safety is at stake. Breach of this duty resulting in injury to or the death affords … Read more

Pure economic loss – when is it recoverable in tort?

This essay will explain what is meant by the term ‘pure economic loss’ and will discuss the rules applied by the courts to determine when pure economic loss, caused by negligence, is recoverable in tort. It will consider whether the restrictions currently in place for the recovery of pure economic loss are fair using decided … Read more

Freedom to contract and implied contractual terms

Contracts in modern day society are now consistently incorporated into what regulates “planned exchanges” and this can be seen as outdated due to consistent intervention to limit ‘freedom of contract’. A system of laissez-faire or “leave to do” and the idea that a person ought to have ‘freedom of contract’ with minimal state or judicial … Read more

Battle of forms (contract law)

Battle of forms is a term used in contract law to describe a situation whereby two businesses/companies `negotiate terms of a contract on their own demanding terms, setting out what they wish should be involved in the contract. To put this into a scenario, the purchaser and the seller put forward their own one sided … Read more

Would you argue for or against ideas of Universal Justice?

Universal Justice, ‘despite all the attention it receives from both its critics and supporters alike, remains one of the most prominent and confusing doctrines of international Law’. (Colangelo, A 2006). It requires no territorial or national binding to the accountable act or actors but is based entirely on the accusation of universal crimes taking place. … Read more

Deportation of Rohingyas from Myanmar to Bangladesh, ICC-RoC46(3)-01/18-37, 06 September 2018

International Criminal Law (LAW 8558) Critically evaluate the recent decision of the Pre-trial Chamber of the International Criminal Court to exercise jurisdiction over the alleged deportation of Rohingyas from Myanmar to Bangladesh. (Decision on the “Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) of the Statute”, ICC-RoC46(3)-01/18-37, 06 September 2018) Introduction The name … Read more

U.S. Intervention in Syria: Morality or Legality?

Abstract International Law is lauded as the solution to human rights abuses, including in international terrorism cases. However, a prime example of the inadequacy of international law is worn-torn Syria, in which the international community is failing to protect Syrians from their government. The “Responsibility to Protect” is the responsibility of countries and the international … Read more

Utilisation of intellectual property by R & D institutions in Zimbabwe

ACRONYMS AND ABBREVIATIONS ARIPO African Regional Intellectual Property Organization HIT Harare Institute of Technology IP Intellectual Property MOU Memorandum of Understanding NIPP National Intellectual Property Policy R&D Research and Development SIRDC Scientific Industrial Research and Development Centre SMEs Small and Medium Enterprises STI Science, Technology and Innovation WIPO World Intellectual Property Organization WTO World Trade … Read more

Combat drones and their legal implications

This research paper explores the combat drones and their legal implication. A question is raised on how one ought to make decisions regarding war and use of high-level technology. Unmanned aerial vehicles (UAVs) also known as “drones” have taken the warfare to the next level by allowing compilation of different techniques for armed attacks. The … Read more

Initial Coin Offerings ICO lack of regulatory harmonisation

The issuing of shares and debts to investors in exchange for fiat currency in order to raise finance through Initial Public Offerings (IPOs) is regulated by the Financial Conduct Authority (FCA) in the United Kingdom. However, to avoid rigorously regulated processes of capital-raising and because it is arguable a much quicker process, more and more … Read more