Category: Law

Deterrence research has been relied upon to justify increased penalties in criminal sentencing. Discuss the theoretical tenants, identifying specific theorists and research findings to explain this phenomenon.

Question 1

Egbert lost control of the car he was driving and collided with a group of people waiting in a bus queue on Oakdale High Street.. There are a number of psychiatric injury claims which have resulted from this incident. Anna had just said goodbye to her husband Charles as he crossed the road to join the bus queue; Anna was around the corner when she heard the noise resulting from the collision. She rushed back to find Charles on the ground injured. Ismail was queuing to pick up a take away coffee further down the road and saw the car collide into the queue clearly injuring his sister Sheela. Ismail also saw his work colleague Frank injured; Frank died at the scene. Ruby was stood at the back of the queue and just managed to fling herself out of the way, narrowly avoiding injury. Peter, a paramedic called to the scene has since had to take time off work because of repeated flash backs he experienced as a result of working with the injured people.

Egbert has admitted negligence so there is no issue regarding liability. Outline the possibility of a duty of care for psychiatric injury/nervous shock for the above people.
(100 marks)

Question 2

Describe and evaluate the approach of torts law towards breach of duty within the torts of negligence.

(100 marks)

Question 3

Outline and assess how defences and limitation operate within the law of torts.
(100 marks)

Question 4

John (a 45 year old accountant earning £55,000 a year gross) and his 42 year old wife Anthea Goodman were walking with their family along footpath towards Sunny Beach one day when a car driven at speed by David left the road and ploughed in to the family. John died at the scene. Anthea was badly injured, losing one kidney, suffering a fractured wrist and ankle which are not likely to recover. Anthea worked as a primary school teacher earning £40,000 a year gross but she cannot return to work; she also needs to employ house keeping assistance as she has mobility problems and is in chronic pain. Godfrey, their 5 year old son died at the scene of the accident. Their 22 year old daughter Kylie was one month away from taking her final nursing examinations and had secured a post working in a local hospital. Kylie suffered paralysis as a result of the accident and now requires constant nursing care at home and is unable to work. John’s elderly mother Ena, who had lived with the family for 6 years, was at home at the time of the accident.

Advise the family about the methodology and calculation of compensatory damages for the above losses would be approached.

(100 marks)
Question 5

Jason owns a semi detached house located in the centre of the quiet village of Oakendale. His neighbour Bryn keeps cockerels in his small garden and collects their manure. Jason cannot sleep properly because the cockerels make loud, repeated cock-a-doodle doo noises from dawn until dusk; it has got to the stage where the constant noise means he cannot even sit quietly to read a newspaper inside his house. Last week the tank that Bryn maintained which collected the animal manure exploded as a result of the gases which had developed leaving manure all over the conservatory and garden furniture at the back of Jason’s house. Jason was so frustrated by this latest event that he jumped over the garden wall into Bryn’s garden and locked him inside his own shed. Bryn was only released when the postman heard his calls two hours later. Bryn was so furious by this point that he knocked on Jason’s front door and then thumped him on the nose when Jason answered.

Advise the parties above regarding their possible liability within land based torts.

(100 marks)
Question 6
Outline and assess the remedies available for breaches of land based torts.
(100 marks)

 
ANSWER BOTH QUESTIONS

Question 1

Harry Stone is the civil partner of Rock. Their civil partnership took place eleven months ago. Prior to their civil partnership, they lived together for four years. Harry is aged 38 years and Rock is aged 55 years. Rock used to be married to Cheryl and has a disabled daughter (Honey) aged nine years. Rock is an extremely successful businessman and owns a business worth in the region of £8 million pounds. The business was inherited from Rock’s mother fifteen years ago when it was worth £50,000, and Rock built up the business with the aid of Cheryl. Cheryl died after suffering complications from a mosquito bite, three years ago.

When Harry and Rock first met, Harry was a stockbroker earning in the region of £80,000 per annum, but gave up that salary three years ago to look after Rock’s daughter: Honey. Harry has come to see you very distressed as he has just found out that Rock is having an affair with his step father: Darren. Harry has known Darren for over twenty years. The day before the civil partnership ceremony took place, Rock told him to sign a prenuptial agreement. Harry signed it there and then without any legal advice. He believes the agreement stated he would receive £1,000.00 for each year they are in a civil partnership.
Harry is really worried, he lives in Rock’s house (worth approximately £2 million pounds) as there do not seem to be any jobs around in the stockbroking industry and he does not think he will be able to get another job as a stockbroker now. In addition, he is troubled that he will have no ‘rights’ as regards the child as he is not biologically her father.

Write a letter to Harry advising him on these matters advising him on the issues raised by the above facts. Ensure you refer to the relevant statutory provisions and cases, in the body of the letter or in the footnotes, as appropriate.

50 marks

And

Question 2

Three years after advising Harry, Harry comes back to seek further advice from you. He tells you tragically Honey died a year ago. He and Rock consoled each other and have apparently remained friendly as a result. Rock had been living with Darren for the last three years. However, Rock has been extremely ill and two weeks ago died in a hospice. The last time Harry went to see Rock in the hospice, Rock pressed his house keys into Harry’s hands and told him the house was his. When Harry got home he found the key to Rock’s safety deposit box in his pocket and believes Rock put the key there. On opening the safety deposit box, Harry found the deeds to Rock’s house. Also in the box was a Will made two years ago, which provides that half of all Rock’s property owned by him at the date of his death was to be divided between his daughter Honey, and Darren equally. The Will was witnessed by Darren.

Rock’s parents divorced many years ago and his mother is deceased. Rock’s father is still alive and aged 93. Rock and his father did not get on as his father always disapproved of his homosexuality and they have not seen each other for many years. Rock also has three brothers, one of whom (Mark) is disabled and in poor health and Rock supported him by putting money in Mark’s account each month sufficient to pay the utility bills.

Write an attendance note advising on the issues raised by the above facts. Ensure you refer to the relevant statutory provisions and cases, as appropriate.

 
Background

This coursework revolves around the resale (touting or scalping) of tickets for sporting and cultural events. The internet has seen the development of a huge secondary ticket market where people will sell ‘in demand’ tickets for inflated prices. Whether this should happen or not is a contentious political issue.
Materials Provided

On Blackboard you will find:

1. The Section from the Rugby World Cup Ticket Terms and Conditions that deal with Ticket Use (sections 11-16).
2. The Consumer Rights Act 2015 Part 3 Chapter 5 Secondary Ticketing s 90-95.

You will be able to find material that further explains the statute.
Instructions
There are two elements to this coursework. The first three parts are problem based and consider the practical application of contract law using the terms and conditions provided. Part d) concerns the law on the resale of tickets more generally.
Structure of your work
You need to make sure your work has a proper structure so it needs an introduction, middle and conclusion. In the introduction explain what area of contract this is and what the general issues are. You need to decide how best to tackle each issue and in your conclusion sum up.

It will be fine to keep Part d separate from the other 3 and it probably makes sense to start it on a fresh page.

Tip: When you have finished proof read it thoroughly. There is nothing worse than reading an essay with good material that has lots of minor errors, you are throwing marks away.
Research
You need to go beyond textbooks to answer this question so practice your research skills and see what you can find. There is a lot written in this area which will give you a general understanding as well as the specific knowledge.

Tip: try the electronic databases such as Westlaw or Lexis. If you use Google Scholar make sure you narrow down to UK sources unless you are deliberately looking for context.

Referencing
Ensure you reference your work (your work will go through electronic checking), if you are not sure ask. Make sure your work is properly referenced with a Bibliography that is set out in an appropriate way. Don’t make sloppy mistakes in your Bibliography.

Tip: Open a new word file called Bibliography and each time you use a source add it in the right format. You can then add this file when you finish writing the essay. It saves you scrabbling around afterwards to find the materials you used.
Enjoy your writing and be proud of your work and make sure sure you narrow down to UK sources unless you are deliberately looking for context.
Bob is a keen rugby enthusiast and was desperate to get tickets for the Rugby World Cup. He heard that tickets would be oversubscribed so for some games he applied for more than he actually wanted. However to his surprise he was allocated all of them in the ballot.

Part1: 1500 words 75% of the mark

a) For the first match Bob has six tickets for him and his friends. One of his friends Rita, drops out at the last moment. Sadiq who is going to the game with Bob, says that Sue who has recently moved in next door will come; Sadiq puts the ticket through her letter box. However as Sue is working late, she has agreed to meet Bob and his friends at the ground, but may not arrive until after the game has started. Sue has agreed to pay Bob the money for the ticket when she arrives.

b) For the second match Bob has two extra tickets. His close friend Andrew’s wife recently died of cancer. Andrew has decided that instead of going he will donate his ticket to the hospice, which cared for his wife, as a raffle prize. The other ticket is bought by his friend Carmen who kindly gives Bob £10 extra on top of the ticket price ‘to cover his expenses’. Andrew’s friend Jim wins the raffle prize and gives the ticket back to Andrew as a gift.
c) For the third match Bob has 4 spare tickets however it is something of a dead match as neither team has anything to play for. He advertises them at £5 less than face value on a private ‘members only’ section of a rugby fans website and sells two.

Bob has decided not to go but does not get rid of his own ticket or the other two as it is too much hassle. The ground is half empty for the match and the atmosphere is poor.

Advise all the parties, in the three scenarios, as to any problems that might arise.

Part 2: 500 words 25% of the mark

d) Bob has enjoyed the games so much that he wants to get some tickets for the final. He finds that some are available, although very overpriced. Bob is worried if buying them is ‘legal’ and wants to make sure any ticket he buys isn’t too high up as walking up a lot of stairs is difficult for him.

Advise Bob as to the law on buying tickets on the secondary market and what the risks are

 
Please answer 2 out of 4 questions, and see the rest of the instructions and questions below and in uploaded file. thanks

EUROPEAN UNION LAW

COURSEWORK ASSESSMENT – PART TWO – 2015-2016

INSTRUCTIONS

LENGTH: 2,400 words maximum (1,200 words for each question answered plus or

minus 10%).

Sources: A bibliography must be given at the end and any other sources

acknowledged. References should be given at the bottom of each page as

footnotes.

Plagiarism (ie. direct copying from books etc. or representing other writers’ work as

your own) will result in a FAIL. All sources used must be properly acknowledged.

Last submission date: – Monday 11th January 2016 – 13.00 deadline

Submission of course work: – See page 10 above

Answer TWO of the following 4 questions. Each question carries equal marks.

QUESTION 1

Tina and Martin are both employed in the personnel department of Financial

Services Ltd as personnel assistants. They both started working for the company

at the same time but after five years Martin is paid more than Tina even though

they work for the same number of hours. Also Martin receives more days holiday

per year than Tina. Tina is arguing that she should receive the same pay and

holiday as Martin.

Susan is employed in the secretarial department. She has discovered that her

pay (and that of other secretarial staff) is about half of that received by staff in the

marketing department, all of whose members are male. She has complained that

this difference in pay amounts to sex discrimination and that she should be paid

the same salary as the marketing staff.

Rachel works part-time in the personnel department. Most of the staff employed

part-time in the department are female. Rachel has complained that part-time

staff are excluded from the company’s sick pay and occupational pension

schemes. She complained about this but was told that it was too costly and

15

therefore not financially viable to include part time staff in the schemes. Rachel

is arguing that this exclusion amounts to sex discrimination.

Rita and Tom both applied for a job in the sales department. They were both

equally qualified and experienced but the job was offered to Tom. Rita was told

“the sales job requires long hours and a lot of stamina, we do not think it is a job

for a woman”.

Rita is arguing that she has been a victim of sex discrimination.

Advise Tina, Susan, Rachel and Rita on the basis whereby EU law on sex

discrimination (Art 157 TFEU) can be argued to the above events and critically

assess whether each could be successful in actions against the company for sex

discrimination

QUESTION 2

Pueblo is a Spanish farmer of sheep and dairy cattle. There was an outbreak of

sheep rot in some EU member states, although Pueblo’s farm was not affected. As

a result of this disease, trade in live sheep was restricted in the EU although an all

clear was recently announced. When Pueblo attempted to import some live sheep

into France the French authorities required him to pay for a health inspection.

Pueblo exported milk to the UK. At the port of arrival he was required to pay a fee

for storage and checking. He then paid a further amount for onward transportation.

Pueblo’s farm also produces different types of cheese. He imports some high

quality cheese to Germany. The German authorities levy a 20% tax rate on

Pueblo’s cheeses compared to a 10% tax on equivalent German cheeses. The

authorities argue that this is justified as German cheeses are produced by

environmentally friendly methods.

Pueblo discovered that alternatives to cheese (such as cold meat and food

spreads) have only a 5% tax levied on them in Germany. Pueblo is arguing that this

is affecting the sales of his cheeses in Germany.

Critically discuss and advise Pueblo as to how the law on the free movement of

goods (as applied by Articles 30 and 110 TFEU) can be argued to the various

payments and taxes levied in the above scenario.

QUESTION 3

16

Critically analyse the extent to which conduct by undertakings that may affect

competition is regulated by Article 101 TFEU.

Your answer should include specific case examples and evidence of background

reading.

QUESTION 4

Brewmaster plc is a company based in the UK that produces beers and soft

drinks. It has recently experienced the following issues in relation to trading its

products within the EU:

(a) Belgium requires that beers sold within the country comply with Belgian

labelling rules. All Belgian beers comply with this, but Brewmaster’s beers do not.

Brewmaster argue that this is unfair as it would be too costly to label their beers

differently for Belgium. Belgium also requires that the labelling states a health

warning. Brewmaster’s beers do not include this. As a result of these

requirements Brewmaster are prevented from selling their beers in Belgium.

(b) Bewmaster would like to sell its soft drinks in Germany. The German

authorities state that Bremaster’s soft drinks contain additives which are

prohibited in Germany which has banned all imports that contain the additives.

Bewmaster argue that their soft drinks are accepted elsewhere in the EU and

therefore should be accepted in Germany.

(c) Recently, due to high alcohol consumption in Sweden the Swedish authorities

have introduced a law that restricts the advertising of alcoholic drinks. This has

made it more difficult for Brewmaster to promote their beers in Sweden causing

them to lose market share in favour of national brewers.

Critically discuss how EU law on the free movement of goods (as applied by

Articles 34 and 36 TFEU and relevant case law) can be applied to the above

events and advise Brewmaster on whether the restrictions they have

encountered are likely to be in breach of EU Law.

 

The assignment will be based on Torts Law (Lectures 4 and 5). The assignment and further instructions about completing the task will be posted on my account.
The focus of the assignment is on identification of legal issues that arise from common business decisions and on conducting your business in a way that complies with any relevant legal
requirements. You are being assessed on your ability to identify legal issues and to explain an appropriate response to the situation.
An acceptable level of referencing to relevant business law texts and articles, business sources, and suitable online resources (e.g. government sites) is required to show us how you supported your answer. You may cite legal materials, such as cases and legislation and this may improve your mark for evidence and referencing, if done accurately.

 
My Article is: The Law and the President

Directions: Choose any articles/essays to discuss and briefly summarize it in the forum. Then discuss the main point of the article and explain to the class why you chose that particular article. Does this article discuss an issue that relates to your life in some way? What else do you have to say about the article? Finally, let the class know if you believe this article to be useful in a formal research essay and explain why.

In your response, cite the essay at least once using an in-text citation create a works cited citation for the essay. (Hint: The citation is already done for you in the “Supplemental Reading List.” Replicate the listing in your post.) This should be in MLA style.

 
Primary Task: Write 400–600 words that respond to the following questions with your thoughts, ideas, and comments.Be substantive and clear, and use examples to reinforce your ideas:

1-Do you feel that juvenile delinquency can effectively be curbed by the threat of corporal punishment? Why or why not?
2-Do you feel that juvenile delinquency issues should be addressed by the threat of corporal punishment? Why or why not?
3-How would this punishment interact with the laws now with regard to child abuse? Explain.
4-Do you think corporal punishment would have a lasting adverse effect on the psyche of the child? Why or why not?

 
If you were a state legislator, and you had the opportunity to rework the juvenile justice system, would it be to the advantage of the taxpayer and the juveniles to split the juvenile courts into two sections? For example, one section would handle status offenders, and one section would handle juvenile delinquents.

Address the following in 600 words:

1-Would it be to the advantage of the taxpayer and the juveniles to split the juvenile courts into two sections? Explain in detail why or why not.
—How would the system decide who would go to a juvenile delinquency court and who would go to a status offender court? Explain.

—Specifically, what would be the advantages? What would be the disadvantages?

—Do the advantages outweigh the disadvantages? Why or why not?
Remember to fully support your arguments with scholarly resources.

Be sure to reference all sources using APA style

 
Question

Bob is a keen rugby enthusiast and was desperate to get tickets for the Rugby World Cup. He heard that tickets would be oversubscribed so for some games he applied for more than he actually wanted. However to his surprise he was allocated all of them in the ballot.

Part1: 1500 words 75% of the mark

For the first match Bob has six tickets for him and his friends. One of his friends Rita, drops out at the last moment. Sadiq who is going to the game with Bob, says that Sue who has recently moved in next door will come; Sadiq puts the ticket through her letter box. However as Sue is working late, she has agreed to meet Bob and his friends at the ground, but may not arrive until after the game has started. Sue has agreed to pay Bob the money for the ticket when she arrives.

For the second match Bob has two extra tickets. His close friend Andrew’s wife recently died of cancer. Andrew has decided that instead of going he will donate his ticket to the hospice, which cared for his wife, as a raffle prize. The other ticket is bought by his friend Carmen who kindly gives Bob £10 extra on top of the ticket price ‘to cover his expenses’. Andrew’s friend Jim wins the raffle prize and gives the ticket back to Andrew as a gift.
For the third match Bob has 4 spare tickets however it is something of a dead match as neither team has anything to play for. He advertises them at £5 less than face value on a private ‘members only’ section of a rugby fans website and sells two.

Bob has decided not to go but does not get rid of his own ticket or the other two as it is too much hassle. The ground is half empty for the match and the atmosphere is poor.

Advise all the parties, in the three scenarios, as to any problems that might arise.

Part 2: 500 words 25% of the mark

Bob has enjoyed the games so much that he wants to get some tickets for the final.. Bob is worried if buying them is ‘legal’ and wants to make sure any ticket he buys isn’t too high up as walking up a lot of stairs is difficult for him.

Advise Bob as to the law on buying tickets on the secondary market and what the risks are.

Instructions
There are two elements to this coursework. The first three parts are problem based and consider the practical application of contract law using the terms and conditions provided. Part d) concerns the law on the resale of tickets more generally.
Structure of work
Make sure your has a proper structure so it needs an introduction, middle and conclusion. In the introduction explain what area of contract this is and what the general issues are. Decide how best to tackle each issue and in conclusion sum up.

It will be fine to keep Part d separate from the other 3 and it probably makes sense to start it on a fresh page.