Is the courts’ approach to good faith obligations in English contract law coherent and justified?
English contract law
Is the courts’ approach to good faith obligations in English contract law coherent and justified?
Select, explain and analyse the social, moral, and political considerations underlying human rights law. Critically examine academic and legal opinion as to the operation of the law.
/in Law /by SamInstitutional racism or individual ignorance? (15 MIN PRESENTATION)
In this small powerpoint presentation two cases will be covered which are UK cases:
1- Issues surrounding child Q the female black student whom was strip searched by met police- link this back to the question as to whether this is an example of institutional racism which reflects the met police and cite human right violations that occurred within the ECHR
2-THE ISSUES SURROUNDING ATHLETE BIANCA WILLIAMS WHOM WAS STOPPED AND SEARCHED BY MET POLICE WHILST IN HER CAR AS THEY WERE SUSPICIOUS OF HOW THEY ASSITAINED THE CAR. THIS IS A CLEAR EXAMPLE OF RACIAL PROFILING AND CITE EXAMPLES OF HUMAN RIGHT VIOLATIONS FROM THE ECHR WHICH SUPPORT THE FACT THAT THE POLICE ARE INDEED INSITUTIONALLY RACIST WHEN IT COMES THE THE TREATMENT OF ETHNIC MINORITIES.
ALSO ENSURE WITHIN THIS PRESENTAION:
a) Select, explain and analyse the social, moral, and political considerations underlying human rights law.
b) Critically examine academic and legal opinion as to the operation of the law.
c) Identify the legal issues arising from particular factual situations, and apply the law and academic opinion to reach an analytical solution to the legal problem.
d) Identify and evaluate the limitations of the law in relation to the recognition and protection of human rights.
e) Seek feedback from a variety of sources and demonstrate how solutions have been modified in response.
f) Select and use appropriate formats to communicate information professionally.
Critically assess how patent claims were construed in the UK prior to the introduction of the ‘doctrine of equivalents.
/in Law /by SamINTELLECTUAL PROPERTY LAW II: INTRODUCTION TO TRADE MARKS AND PATENTS (LAW 339)
Critically assess how patent claims were construed in the UK prior to the introduction of the ‘doctrine of equivalents.’ Has the introduction of the doctrine of equivalents resulted in legal uncertainties that affect the delicate balance between patentee interests and public interest?
In Jackson v. Attorney General, Lord Hope stated, “The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based.” Discuss.
/in Law /by SamPublic law
Answer TWO of the following FIVE questions.
1. In Jackson v. Attorney General, Lord Hope stated, “The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based.” Discuss.
2. “The reality is that law making is more an exercise in brute executive power and political necessity than one of debate and persuasion.” (M. Elliot and R.Thomas, 2014). Discuss.
3. “In the face of concerns about national security, and the scramble to adopt robust counter–terrorism legislation, the Human Rights Act has proven to be a mere paper tiger and has provided little or no protection for fundamental rights.” Discuss.
4. “Cases like R v. A (No.2) (Complainant’s Sexual History) (2002) and Ghaidan v. Godin–Mendoza (2004) clearly illustrate that the Human Rights Act 1998 does not strike an appropriate balance between judicial power and parliamentary sovereignty.” Discuss.
5. “The British constitution does not adequately protect the right to protest.” Discuss
Discuss the broad structure of UK Employment Law and indicate who you think UK Employment Law favours – either employers or employees. Discuss the extent to which corporations take Corporate Social Responsibility Seriously.
/in Law /by SamBusiness Law and Ethics
Sam has just graduated from the University of Business and has applied for a three week internship with a commercial law firm called Manchester Law
Sam has just found out that he has received an invitation to interview for an internship. Sam is aware that if he impresses members of the various departments at Manchester Law it may lead to a training contract at the firm. Sam has been told by Deb, the HR Manager at Manchester Law, that during the internship, the successful candidate would spend time in each of the following two departments: Employment Law and the Corporate Division. As part of the interview process, Sam is given a set of questions. One question relates to the two departments in which she would work during her internship.
Sam is asked the following:
1. Discuss the broad structure of UK Employment Law and indicate who you think UK Employment Law favours – either employers or employees (750 words).
2. Discuss the extent to which corporations take Corporate Social Responsibility Seriously (750 words).
Write an essay scoping around human’s responsibility for the potential actions of AI, specifically Apple’s Siri or other AI assistant system.
/in Law /by SamHuman’s responsibility in creating and operating AI systems
This will be an essay scoping around human’s responsibility for the potential actions of AI, specifically Apple’s Siri or other AI assistant system
This can be designed to prevent unforeseeable future including and not limited to AI purposefully designed for criminalities, the misuse of AI (e.g. for organized crimes), AI acting out of control and caused harmful or potentially disastrous effects.
Some examples can be included: Information manipulation by AI providers, AI operators set their AI to benefit them more instead of customers, etc.
Further discussion can be made of how this can limit the development of AI technology and when can human’s responsibility can be exempt (e.g. when AI achieve full consciousness).
Some sources:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3857504
https://www.brookings.edu/research/products-liability-law-as-a-way-to-address-ai-harms/
Critically evaluate the Court of Appeal’s decision in Barry v Davies (trading as Heathcote Ball & Co) [2000] 1 WLR 1962 (CA) paying particular attention to the significance of Pill LJ’s concurring judgment.
/in Law /by SamCourt of Appeal’s decision in Barry v Davies
Critically evaluate the Court of Appeal’s decision in Barry v Davies (trading as Heathcote Ball & Co) [2000] 1 WLR 1962 (CA) paying particular attention to the significance of Pill LJ’s concurring judgment.
Jane is not happy, as she believes she is an employee rather than an independent contractor, and has come to you. Advise Jane on her employment status, and any claim she may have against TSL. Advise Rory as to whether he may be able to make a claim for unfair dismissal.
/in Law /by SamCase study – Tech Services Ltd, Portsmouth
Tech Services Ltd (TSL) are a web design service based in Portsmouth. They take orders from clients and match them with local web designers who create the websites. Jane has only worked in the office of TSL for a year. She reviews instructions from clients and selects a suitable designer to do the job. Her contract states that she is an independent contractor and provides client handling services for TSL. Her contract does not stipulate whether she is entitled to annual leave and sick pay. She works Monday to Friday under the direction of her line manager Ross. She is contracted to work for 35 hours per week but she is allowed to leave work at a time she chooses as long as her work for the day is done. This allows her to fit her work around caring for her children. Her contract says that either party can terminate the contract by giving one month’s notice. She is given a uniform to wear and she works exclusively from the premises of the TSL under the supervision of the Manager. She is paid £350 per week via TSL’s PAYE payment system. However, she is required to seek permission for any holiday or annual leave and inform Ross if she is sick. A few weeks ago, Jane decided to take two weeks leave with the permission of Ross. However, at the end of the month, she found her salary did not account for the days she was on annual leave. Rachel explained that because she is an independent contractor, she is not entitled to any holiday pay. Rory is an employee of TSL and has worked for TSL for 10 years. He has been struggling for the last 2 years to keep up with changes in the way websites are designed. His line manager, Craig, began to notice that he was not able to understand some of the code that web designers were submitting for review. Craig held a meeting with Rory to discuss these concerns. They agreed that Rory should spend one day a week practicing his coding skills and keeping up to date with the latest web design techniques. 6 months later the situation had not improved and Rory was still struggling to supervise the work of web designers effectively. Craig held another meeting in which he and Rory agreed that TSL would offer him a 2-week training course in the latest web design techniques and that he would have another review in 6 months to check if his work had improved. Rory went on the course in January 2020 and his work improved for a while. However, by September 2020 Rory’s work had deteriorated back to the standard it was before the training course. Craig felt he had no choice but to dismiss Rory. He wrote to Rory and invited him to a disciplinary meeting the next day. At the meeting Craig informed Rory that he was dismissed for poor performance effective immediately.
Answer both questions 1 and 2 below. Each question carries 50 marks.
Questions
1. Jane is not happy, as she believes she is an employee rather than an independent contractor, and has come to you. Advise Jane on her employment status, and any claim she may have against TSL. (50 marks)
2. Advise Rory as to whether he may be able to make a claim for unfair dismissal. (50 marks)
Do you see any difference in which type of immunity passports we apply? Meaning do you see any difference between testing for covid, testing for antibodies and confirmation on vaccine. Do you think all these data should be treated in the same way?
/in Law /by SamImmunity Passports and COVID-19
Ethical issues
When talking about ethical issues, we are concerned with equality and non-discrimination, this is in particularly relevant when we talk about immunity passports, which ever definition we adopt which can be a passport provided based on the vaccination status or a passport that ius based on the covid 19 testing or antibody testing proven immunity.
So there’s 3 types of immunity passports you can get. We are just using it as an umbrella term hen talking about all of them. What they’re concerned with is the accessibility of vaccines and testing and especially due to countries where its not free. This is means getting these immunity passports or certificate is heavily dependant on your economic means. This heavily influenced also the freedom to move and travel and in come cases, even to get employed because preference was given to people who could acquire a certificate or any type of other type immunity passport. So they are really concerned with access to vaccine and testing and they were concerned with discrimination based on these documentation and one of them argue in priority of people who have an immunity passport when it comes to employment, but in some cases they said that priority certain classes such as key workers when it comes to immunity testing and vaccination was actually good thing to do an ethical thing to do.
They also talked about the accuracy of the test when it comes to covid19 and antibody testing and to what extent we could rely on them and they went to discussed which provisions of the GDPR applied in this particular case. As I said, in this particular situation we don’t have a question whether this is personal data because its not anonymised and we also don’t have a question of sensitive personal data because itrelates to our health status, so article 9 of the gdpr applies and they provided other relevant articles:
They made a full examination of every provision of the gdpr that applies to these specific type of data, with a reflection also to right to privacy:
What they spent a lot of time looking at is what remained unsolved or unresolved after the pandemic, because the question was not only what was done but what was done badly and what we can do better.
- So one thing they specifically focused on are sunset clauses, provisions which provide an expiration date for legislation or particular intervention which is often used whenever we deal with the limitation of human rights, in this particular case we have a right to privacy, to some extent was threatened.
- They discussed different ways we can deal with this in the future. The biggest concern was whether everything should stay on the legislative body, or should we have specialised body for health crisis situation that would deal much more efficiently and better knowledge for what should be done and how long it should last.
Another issue they looked at is function creep when we collect the data based on the vaccination status or testing status, and as I said, these were not anonymised so they were stored and available. One interesting issue they identified is the possible to use this data in future voting, especially to identify.. because vaccine was a very controversial issue in the public and so based on our data, whether we are vaccinated or not, we can actually profile the public when it comes to future voting system. This is function creep because the data was not collected for that purpose but it can be repurposed and used by public officials, so they identified that one potential function creep.
They talked about discrimination, as I said they talked about discrimination based on class and economic means when it comes to access to health system, but they also talked about international relationship between different countries and how certain parts of the world were discriminated in terms of access to vaccines and to testing.
There was a lot of questions around that; to what extent can this be dealt with locally, if we have a global pandemic, do we need an international treaty that can deal with this in the future, something that relate to the international data transfer issues we discussed last time. Because in this time of sitation we need international coorprination more than ever, and transfer of data and exchange of data can help us resolve the health problem.
Also, they talked about Fairness. This argument is vague and touches upon the equality and discrimination and its also connected with the possible discrimination in work force and so on, this is just another way of talking about discrimination.
Finally, they dealt with social pressure, what they found to be one of the issue we need to think about in advance, they were very concerned with due to global pandemic and the panic that was caused by the society, they were identified people were more eager to join on a train overnight because of the general panic that was caused. They saw this as a big problem for lawyers, health workers, legislators and so on, especially because they noticed abacuses we are much more keen on committing to surrender our individual freedom then we would be in normal times
- So this was a call for going back to consciousness and prepare better in the future and not react in panic because they thought many decisions by the government and society were the reflection of this general global panic, they also saw this as an unsolved issue and if we leave it the same for the future, we might have the same results/situation.
When it comes to legal issues, they then dealth with legal issues in more detailed. They were discussing which issues need to be solves, function creep, discriminatory practices and social inequality and how that should be done? – hopefully through the gdpr and the alternative we have in the UK. They emphasised the importance of raising awareness of the function creep, something we talked about. Data minimisation – so we don’t collect anything beyond that is necessary for a particular function. And transparency – requirement in order for society understand what they are consenting to
They tried to resolve issue of discrimination and inequality. The general take was we need international corporation now more than ever, in order to create guidance for the next health related crisis or next pandemic
They did not find solution of discrimination and inequality at a local level, but they call for the international body full of experts who would deal with this if this arise as an issue in the future.
- They confirm in some situation there is a warrant for some classes like key workers to be prioritised like what happened in the UK but the other types of discrimination and inequality that are not actually justify would better be resolved at the international level
Question:
- Do you see any difference in which type of immunity passports we apply? Meaning do you see any difference between testing for covid, testing for antibodies and confirmation on vaccine. Do you think all these data should be treated in the same way?
- Which is more invasive? Vaccination status is. Because others have an expiration date
- Based on the ethical questions mentioned, To what extent did gdpr has address this during the covid pandemic?
Choose at least one legal matter that Lincoln handles that is a type of legal matter that is discussed in Our Common Law. First, explain the relevant law of the type of legal matter, as set forth in Our Common Law. Second, explain how the legal from the Lincoln text reflects (or departs from) the relevant law.
/in Law /by SamLegal Environment Final Case Study
Use no other sources besides the lincoln book and the attached materials!!!!
For your final case analysis, you will need to make use of the assigned text on Abraham Lincoln’s legal practice, as well as Our Common Law. There are two parts.
Part 1: Principal and agent
First, explain the duties of principals and agents, one to another. Second, identify and explain at least one example from the Lincoln book that shows how Lincoln fulfilled (or failed to fulfill) the duties of an agent to his principal. Your explanation of the example from the Lincoln book should be substantive enough that it is clear how the example fulfills or fails to fulfill the duty in question, and should also cite to the page number(s) in the text where the example comes from.
Part 2: Causes of action
Choose at least one legal matter that Lincoln handles that is a type of legal matter that is discussed in Our Common Law. First, explain the relevant law of the type of legal matter, as set forth in Our Common Law. Second, explain how the legal from the Lincoln text reflects (or departs from) the relevant law
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