Question ‘There are exceptions to the normal position of no recovery for pure economic loss in negligence. However, the common law approach to pure economic loss rests on an uneasy mixture of principle and policy, and lacks real clarity and consistency.’ Do you agree? Answer Under English law, litigants cannot claim damages for pure economic … Read More
Question Critically analyse the extent to which the tort of negligence and the tort of battery protect a patient’s right to make an autonomous decision when consenting to medical treatment. Introduction The autonomy of the patient and the right to refuse to consent to medical treatment should be considered fundamental principles of medical law. Indeed, … Read More
Question The law relating to surrogacy agreements is too restrictive and should be relaxed to allow for payments to surrogate mothers for providing such a service for couples who are unable to conceive. Critically discuss the merits of this statement. Introduction It has been thirty years since the Warnock Committee1 first recommended the outlawing of commercial … Read More
Question Critically analyse the extent to which the tort of negligence and the tort of battery protect a patient’s right to make an autonomous decision when consenting to medical treatment. Introduction The tort of negligence and the tort of battery are both limited in the extent to which they protect a patient’s right to make … Read More
Question Critically assess whether the views of Lord Wilberforce in Williams & Glyn’s Bank Ltd v Boland 1981 A.C. at pages 504-505 are an accurate reflection of the current law relating to actual occupation for the purposes of the Land Registration Act 2002. Introduction In Williams & Glyn’s Bank Ltd v Boland,1 the House of Lords … Read More
In prosecuting the major Nazi war criminals, The International Military Tribunal at Nuremberg was a milestone in international criminal law. Following the unprecedented atrocities committed during World War II by the Nazis, it was clear that the political leaders of the regime had to face criminal charges. The London Charter, created by the Allied Forces … Read More
Introduction It is often asserted that states are free to decide which individuals they may admit and refuse entry and settlement to. In creating relevant legislation, Liberal, western states (which will be the focus in this essay) often distinguish individuals by their culture, their financial circumstances, and any human rights issues at play. However, reliance … Read More
Question Human rights are: indivisible and interdependent. inalienable and universal. (W102, Unit 14, Section 1) Given that some rights are derogable and others non-derogable, evaluate the accuracy of the above statement. Answer The universality of human rights (HRs) is represented by the fact that they are recognised in international law. They represent a global and … Read More
Introduction The protection of freedom, autonomy and dignity of the individual is a key consideration of international community. Therefore, the proclamation of human rights is essential for the protection and promotion of human beings.1 Human rights are those fundamental freedoms and entitlements that belong to all individuals regardless nationality, gender, religion or colour. These rights … Read More
Critically evaluate the different legal remedies available to a person who is marrying or who has married under duress. Introduction Forcing an individual to marry against their will has been outlawed for many decades and thus it is somewhat surprising that the issue remains prevalent. This essay identifies the issues of forced marriage and the … Read More
