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Word Count: 2387 Parties: CQN RTM Company Limited (Appellant), (1) Broad Quay North Block Freehold Limited (2) Broad Quay Management Company Limited (Respondents) Court: Upper Tribunal (Lands Chamber) Citation: [2018] UKUT 183 (LC) Judges: His Honour Judge Hodge QC Facts: the premises are part of a redeveloped site; located North of a central tower block. It … Read more
07.01.2019 Introduction In the essay, I shall be discussing the principle of supremacy of EU law from both the Court of Justice and National courts, within the making of Community law, the European Court of Justice (ECJ) plays a fundamental role. At the point when a State joins the European Union (EU), it gives sovereignty … Read more
‘The principle of supremacy, whilst essential to ensure EU law is enforced in the Member States, is not absolute. There are limits, at both national and EU level, on its application.’ Critically discuss. 05.01.2019 The principle of supremacy states that where a conflict arises between European Union (EU) law and national law, EU law will … Read more
In this essay I will be critically considering the modern position of frustration in the age of the Force Majeure clause. I will be considering cases that this rule has been applied to and critically discuss the outcomes of each case, also I will be comparing the evolution of the rule and how much more … Read more
The scenario raises the question of whether Sarah Jane has entered into a valid contract with Robert, whether she rightly revoked the offer following a further offer from another party and whether as a result of the circumstances outlined Robert has a claim for damages against Sarah Jane. An offer is defined (Trietel) as an … Read more
Introduction The case of Goodlife Foods Ltd v Hall Fire Protection Ltd concerns the interpretation and application of a contractual exclusion clause in connection with a dispute over alleged negligence between the two parties Goodlife Foods Ltd (‘the Appellant’) and Hall Fire Protection Ltd (‘the Respondent’). The Appellants insurers pursued a claim against the Respondents … Read more
This essay critically examines whether there is any weight to the claims that judges have too much input into the terms of legally binding contracts in English Law and whether it contravenes the principle of freedom of contract. It has been argued that the law of implied terms contradicts the principle of freedom of contract … Read more
The Right to Die has proven a controversial statement that divides opinions on moral interpretations. It was the key focus of R Nicklinson v Ministry of Justice 2014, during which the law and Parliament stood against it. Mr. Nicklinson, paralysed by a stroke some years earlier, contested the 1961 Suicide Act as a violation of … Read more
Under sections 7-16 of the Companies Act 2006, a company is formed by registering with the Registrar of Companies and is incorporated when the Registrar issues the certificate of incorporation (G. Black, 2015). Section 16 of the Companies Act 2006, implements also, that a company is a separate corporate personality. The members of a company … Read more
Coursework In this essay I would like to talk about the current position for breach of duty regarding to both the claimant and the defendant and their position. It is often said, that breach of duty takes a big place in Negligence when a case being analysed. Generally a breach of duty describes the behavior … Read more
In order to determine ‘the doctrine of stare Decisis is a strength, not a weakness, of the English Legal System’, one must understand the fundamental principle of doctrine of precedent, Stare Decisis. Stare Decisis in Latin legal terminology means “to stand by things decided“, essentially to adhere to binding and/or persuasive precedents when a similar … Read more
Consideration is something of value exchanged by one party for the performance or promise of performance by the other party, Dunlop v Selfridge. The court recognizes valid consideration where the parties to a contract may each obtain a benefit/suffer a detriment. The several rules in the law of consideration are as follows: 1. consideration must … Read more
There are many reasons as to why the courts have attempted to differentiate between leases and licences, different statutory protections exist for both; but the main problem in distinguishing the difference between the two is how the courts have attempted to differentiate between licences and leases especially due to the exclusive possessions test. The court’s … Read more
This essay will examine briefly the various doctrines and evaluate whether or not unconscionable contracts can be adequately covered by the doctrines of duress and undue influence and propose to provide cohesion in unfair contracts. Detailed examination of the development of the latter two doctrines is beyond the scope of this document but to decide … Read more
Tort is French for ‘civil wrong doings’ . M Jones described it as ‘The law of torts is primarily concerned with providing a remedy to persons who’ve been harmed by the conduct of others’ . The claimant must prove three elements; a legal duty to exercise care, breach of that duty, and damage caused to … Read more
