Free Law Essay - Tort Negligence Liability

In order to advise the claimants on whether they should successfully pursue a claim for negligence, the following issues need to be considered. What is tort, what is negligence, and what is nervous shock?

Winfield defines tort as:

“Tortuous liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages”.

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Free Law Essay - International Commercial Law

A new free law essay on international commercial law is now available.

Transnational commercial law is the product of many international conventions, model laws, contractually incorporated uniform rules, international restatements, and conscious or unconscious legislative or judicial parallelism; all of which, in the words of the leading academic in this field Roy Goode, “lead to the harmonisation of commercial law at the international level”. This harmonisation has been necessitated by the unprecedented scales of complex commercial transactions that now take place daily in our globalised society. Many contractual disputes of this nature are now settled by arbitration, which in itself creates a different kind of law...

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Free Law Essay - Appeal Judgment Trusts

A new free sample essay is now available:

To what extent, do you think, does Stack v Dowden confirm and follow Oxley v Hiscock?

There have been a number of liberal Court of Appeal decisions since Lord Bridge’s conservative judgment regarding the constructive trust in Lloyds Bank v Rosset. Oxley v Hiscock represented the high point of such reasoning, with Chadwick LJ applying what Battersby has described as “broadbrush quantification on a far larger scale than many lawyers had previously thought possible”. Stack v Dowden, although not strictly concerning constructive trusts, gave the House of Lords an opportunity to review the law in this area....

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Free Law Essay - Beneficial Interest and Discretionary Trusts

Legal ownership vested in trustees must be balanced by identifiable equitable ownership. Critically discuss this statement and the difficulties inherent in it in relation to the interests of beneficiaries under discretionary trusts. What is the practical importance of determining where the beneficial interest lies in discretionary trusts?

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Free law Essay - Criminal Law Harm - Jurisprudence Essay – Harm Principle

This is our latest free essay resource for you:

The State should only use the criminal law where there is a ‘harm to others’. Critically evaluate this statement.

This statement expresses a dominant position about the limits of legitimate state coercion, the classic espousal of which was made by John Stuart Mill in his pamphlet On Liberty, where he wrote that:

The only purpose for which power can rightfully be exercised over any member of a civilised community against his will is to prevent harm to others.

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