Law essays

From September 2000 German national Ms Förster was granted a maintenance grant from the IB-Group (‘the administrative body enforcing Dutch legislation relating to financing of studies’) because she was regarded as a ‘worker’ within the meaning of article 45 TFEU and, consequently, should be treated the same as Dutch students regarding maintenance grants (art. 7(2) … Read more

Now that the value of Big Data is more clear, it is necessary to look at how all this data is protected through Europe. First the European Union will be looked at, followed by some of the EU countries including the Netherlands, to compare if all European citizens are protected the same. European Union To … Read more

Suicide ceased to be a criminal offence in England and Wales with the passing of the Suicide Act 1961 s(1) but the same Act made it an offence to assist in a suicide s(2), the punishment being 14 years imprisonment. The amended law relating to assisted suicide is now in s.59 of the Coroners and … Read more

The MAIN differences between contract and tort are listed below: Duties in tort are determined by the law – duties in contract are chiefly determined by the parties. In other words, you choose to be bound under a contract but you cannot choose whether or not to be bound under the law. Duties in tort … Read more

The doctrine of binding precedent or stare decisis is central to the English legal system, and to the legal systems that derived from it such as those of Australia, Canada, Hong Kong, Pakistan, Singapore and New Zealand. A precedent is a statement made of the law by a Judge in deciding a case. The doctrine, … Read more

Quantum Meruit is a Latin phrase meaning “as much as he has deserved”. This claim is also referred to as “unjust enrichment.” In the context of contract law, it means something along the lines of “reasonable value of services”. The concept of Quantum Meruit applies to the following situations: (a) When a person hires another … Read more

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