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3 10, 2019

How to Use Ibid for OSCOLA

2019-10-03T15:11:19+00:00

How to Use Ibid in OSCOLA Referencing (And Avoid Losing Marks!)   Why is OSCOLA referencing so time consuming? How come Microsoft Word makes it extremely burdensome to properly cite case law? What on earth does ibid even mean?   Have you found yourself asking these questions when half way through a law assignment? Don’t

How to Use Ibid for OSCOLA2019-10-03T15:11:19+00:00
3 10, 2019

Supremacy of EU Law and Brexit

2019-10-03T14:28:50+00:00

The UK has facilitated the supremacy of EU law through enacting the European Communities Act 1972. However, the UK has accepted EU law is supreme in relation to all domestic laws. Jurisdictions like Germany have a narrower approach. Germany allows for the primacy of EU law only where EU law adequately protects constitutional rights enshrined

Supremacy of EU Law and Brexit2019-10-03T14:28:50+00:00
3 10, 2019

Consideration Essay

2019-10-03T14:03:01+00:00

The rule in Foakes v Beer[i] states that an agreement to vary a contract by accepting less is not binding unless the promisor agrees to accept less and receives something extra of value in the eyes of the law. The rule has stood the test of time for over one hundred years. However, the courts

Consideration Essay2019-10-03T14:03:01+00:00
12 06, 2019

Montgomery v Lanarkshire Health Board

2019-06-23T14:26:08+00:00

Relevant themes: montgomery v lanarkshire health board, informed consent, bolam test.   The medical profession has for a long time been a petri dish for paternalistic practices and attitudes. The doctor knows best. The doctor’s judgment is not to be questioned. The courts have made inroads into this approach but the test used to ascertain

Montgomery v Lanarkshire Health Board2019-06-23T14:26:08+00:00
12 06, 2019

Reverse Burden of Proof Essay

2019-06-12T18:27:55+00:00

There are now many express and implied statutory examples where the burden of proof is reversed where the defendant must discharge a legal burden to avoid conviction. These provisions have aroused the interest of Europe as potentially violating the right to a fair trial as guaranteed by Art. 6 (2) of the European Convention on

Reverse Burden of Proof Essay2019-06-12T18:27:55+00:00
12 06, 2019

Cunningham Recklessness Essay

2019-06-23T13:55:37+00:00

All inadvertence to an objectively perceptible and unacceptable risk is to be condemned as reckless (Gardner, 1993)   Critically consider the basis on which criminal liability for recklessness should be assessed.   As Professor Herring writes, ‘if purpose is at the heart of intention, risk-taking is at the heart of recklessness’ (Herring, 2010). In his

Cunningham Recklessness Essay2019-06-23T13:55:37+00:00
12 06, 2019

Certainty of Subject Matter

2019-06-23T15:45:15+00:00

Certainty of Subject Matter Certainty of Subject Matter Essay For a trust to be valid it must satisfy the three certainties: one of these being certainty of subject matter. The trust property must be described in such a way that it becomes certain and ascertainable. The justification for this is that a trustee can only

Certainty of Subject Matter2019-06-23T15:45:15+00:00
12 06, 2019

Secret Trusts Essay

2019-06-12T18:06:20+00:00

Secret Trusts Essay   “Fully explain and analyse the law relating to secret and half secret trusts and critically evaluate the following statement:    ‘The enforcement of secret and half secret trusts demonstrates the equitable principle that statute and common law shall not be used as an engine of fraud and illustrates the willingness of

Secret Trusts Essay2019-06-12T18:06:20+00:00
12 06, 2019

Wealth Maximisation Essay

2019-06-12T18:56:51+00:00

The Wealth-Maximisation Principle Accommodates, With Elegant Simplicity, the Competing Impulses of our Moral Nature. (Posner).   - Discuss.   Supposing one were to take a residential lease of premises in a bustling, industrialised area. The premises lie adjacent to a building site where the developer proposes to construct an office block. Suppose further that, in

Wealth Maximisation Essay2019-06-12T18:56:51+00:00
12 06, 2019

Private Purpose Trust

2019-06-12T18:59:43+00:00

A trust for a purpose that will benefit the public is generally considered a charitable trust. However, trusts are sometimes created for a private purpose. These are called private purpose trusts or trusts of imperfect obligation. They have been described by Matthews as ‘non-owned vehicles’.[i]  Many of these trusts fail because of a lack of

Private Purpose Trust2019-06-12T18:59:43+00:00