Two contract law problem scenario answers

A contract is a legally binding or valid agreement between two or more parties.This contract appears under contract law which has four elements; Offer and Acceptance ,Consideration and Intentions to create legal relations . The offer was made by A&M Ltd that approached Mr. Evens with the offer of £600 for the goods. “ An … Read more

Building a house legislation

E – Portfolio Activity Two Law and Acts are important within construction as we need to stick by legislation that is enforced to minimise claims from incorrect conduct. Legislation is the name given for that of making and proposing new laws by a legislative body (Parliament). Construction law entails those such as Working at Height … Read more

MacDonald v Cairns

In MacDonald v Cairns the accused, Joseph Anthony Cairns was charged under s1.(1) of the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 for “chanting phrases and songs in support of a proscribed terrorist organisation” The IRA. A. THE FACTS The accused, Joseph Anthony Cairns was charged with chanting songs in support of … Read more

4 tort law problem questions/scenarios with answers

TORT LAW a) Homer was employed as a factory worker by Springfield Desserts, which specialises in the manufacture of doughnuts. Due to carelessness on the part of Springfield Productions, a large fryer used to cook the doughnuts exploded. A piece of debris hit Homer, causing serious injuries. Selma, who is Homer’s aunt, was also employed … Read more

Contact formation (draft)

Traditionally, a contract is formed after the Offeror (the party making the offer) makes an offer for the Offeree (the party receiving the offer) to accept, unequivocally. This approach requires two key steps in the process of identification; firstly, the identification of the offeror making the ‘offer’, requiring an understanding of what an ‘offer’ is. … Read more

Formation of contract overview

In order for a contractual relationship to become established between parties, there needs to be an existing agreement. In traditional English contract law, the matching of offer and acceptance is required in order to form a contract however contemporary methods of forming a contract have distanced from the traditional requirements. The first step towards establishing … Read more

Formation of contract problem question/scenario

To establish whether Omar is indeed able to sue Emma, we must first establish whether a contract was formed. The conditions of a contract are: offer, acceptance and consideration. The first condition of a contract is an offer, which is defined as ‘a statement by one party of a willingness to enter into a contract … Read more

Offer and acceptance law problem question/scenario

Introduction In the case given, Harriet is attempting to sue Gerald on the basis that there is no valid contract between them. To ascertain whether her claim has any basis in fact, we must analyse whether there has been a definite offer by Gerald, and an equally definite acceptance of that offer by Harriet. Offer … Read more

Law of negligence – problem question/scenario

The contemporary law of negligence law was established in the case of Donoghue v Stevenson by the House of Lords. Lord Atkin stated that “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? The answer … Read more

The doctrine of adverse possession (problem question)

The doctrine of adverse possession is defined as ‘squatters taking possession of land without the consent of the owner, which ultimately leads to the loss of the estate of land from the paper owner to the squatter’ through discontinuance or dispossession. In Powell v MacFarlane, Slade J defined dispossession as the ‘taking of possession from … Read more

Special defences of mental disorder and automatism in Scots law

Introduction. (Mental disorder) A person must be accountable for his action if that action was voluntary (Actus reus) and his mind was remorseful (Mens Rea). There are four essentials required to prove mens rea, which is resolution same as intent, knowledge, recklessness, and negligence. In case of mental ailment or involuntary alcoholism, these essentials invalid … Read more

Originality and infringing taking in the UK and EU (Intellectual Property, IP)

Introduction The vexed problem of originality and ‘infringing taking’ in the UK and EU is further complicated with the advancement of technology. Originality, the central element of copyright law is a subject of contention due to the discrepancies in the UK and EU standard. The law of copyright governs the balance between creativity and infringement … Read more

Supremacy of EU law in the UK

11.01.2019 The concept of direct effect was established in the case of Van Gend en Loos. Direct effect can be defined as a legal remedy which guarantees rights of the individuals. The two types of direct effect that are available are horizontal direct effect and vertical direct effect. A horizontal direct effect means where an … Read more

What role do jurors play in a trial and how important are they?

The jury is considered a fundamental part in the English Legal System. In the Crown Court, a trial cannot be thought of without the jurors being present. This essay will explore the importance of the jury system and the role the jurors play within the court system. It will also consider the advantages and disadvantages … Read more