Analyze the features of the no-fault liability scheme and discuss how it benefits or disadvantages a person who has suffered from a personal injury.
QUESTION – 2500 words (Use case law and primary sources) (OSCOLO referencing + bibliography) PLEASE AIM FOR A MID/LOW 2.1 GRADE!)
“Just as each person must decide by rational reflection what constitutes his good, that is, the system of ends which it is rational for him to pursue, so a group of persons must decide once and for all what is to count among them as just and unjust.”
John Rawls, A Theory of Justice (revised ed, Oxford University Press 1999), 11.
Rawls asserts that individuals “must” decide on a system of ends to pursue, and by analogy any group “must” decide what it collectively considers just. However, many of the thinkers we have studied do not share this view of the individual or the group, seeing individuals and groups as containing clashing values and conflicting ideals of justice. Consider how Rawls and one other thinker we have studied deal with this question of whether agreement over the conception of justice is a necessary feature of a just society.
Case Study 3
Mary is 20 years of age. She was diagnosed with bipolar disorder and has been engaging with adolescent and adult mental health services for the past 5 years. Her mental health had improved and stabilised over the last 18 months. She lives alone in a small apartment close to her parents with whom she has had a close, but conflictual relationship since her teenage years. Her entire family is very active in their local church and she often joins them at religious services. Her parents alerted her community mental health team two months ago, saying that she seemed increasingly irritable, had stopped her usual activities and had withdrawn from them. The last time her parents talked to her on the phone she suddenly made comments that made them feel very concerned for her safety. When they went to check up on her she refused to open her door, shouted at them to go away, and said they did not have to worry about her for much longer. She has now been involuntarily admitted to an ‘approved centre’ under the Mental Health Act 2001. Mary has stated on admission that she has been having suicidal thoughts. She informs the multi-disciplinary team responsible for her mental health treatment that her GP confirmed to her two weeks ago that she was 13 weeks pregnant. She said she was so shocked that she initially did not know what to do but now wishes to terminate her pregnancy. She does not want her family or anyone else apart from her healthcare providers to know about it. Mary gets very upset when team members try to engage her in a conversation to better understand the background of her request and just says that it would ruin her life to continue with the pregnancy and that she does not want to talk about it.
Law Question: Advise Mary whether she can lawfully terminate her pregnancy.
Ethics Question: Explain the main ethical concerns arising in Mary’s case and evaluate their significance for this case.
Mental Health Act 2001,
– Explain and compare freedom of expression and hate speech.
– Examine a controversial issue that should the internet platform be responsible for third party content? Even though such intermediaries do not produce hate speech content by themselves, they store and transmit such information. Accordingly, it is their duty to monitor and remove those illegal contents.
– Analyse how hate speech and free speech could be balanced in order to examine how far an online intermediary’s liability should be. A heavy burden of an intermediary would restrict freedom of expression and impede innovation.
– Compare in different jurisdictions. For example, China and India have imposed strict liability to the intermediary, failure to comply would lead to severe penalties. Meanwhile, in the US there are wide exemptions of intermediary’s liability, granting them immunity to a monetary penalty.
Make sure to write it from the UK legal perspective and that the essay is narrow and concise as possible. You can look at any specific aspects.
At each major sporting event the host country introduces legislation to combat ambush marketing.
Has the implementation of legislation for major sporting events been appropriate and effective?
ASSESSMENT QUESTIONS
Answer the following question. The overall word limit is 3,000 words.
Question 1
Eugene and Charlotte met each other in their workplace and have been married for 5 years in the UK. Both work for a fashion company. Eugene, who is 32 years of age, is an advertising consultant earning £55,000/per annum and Charlotte, who is 28 years of age, is an accountant earning £30,000/per annum. They have a son, Connor, who is 4 years old. They live in Central London in a 2 bedroom flat which they own jointly.
In December 2021, Charlotte suspected that Eugene was having an affair with a person by the name of Alex. She found out some intimate texts on Eugene’s phone showing that he had been communicating with Alex for the last 6 months. Charlotte is unsure as to the sexual identity of Alex as Eugene has been quite secretive but believes that based on the texts she did find, the relationship is of an intimate nature. Eugene has also been working late, coming home drunk and not spent time with both Charlotte and Connor. Eugene denies he is having an affair and says Alex is just a close friend that he enjoys the company of. In January 2022, Charlotte confronted Eugene again but this time, Eugene physically reacted and threw a chair at the wall. Charlotte wasn’t injured but both she and Connor were frightened.
Charlotte, who is a practicing Christian, is currently staying with her parents in North London and doesn’t want to return to her flat because she is worried that Eugene’s values conflicts with hers. She wants to raise Connor as a Christian and send him to a Catholic school near her parents’ home. She is finding it difficult to take Connor to his current school (which is non-religious) as it is quite a journey in the morning from North London to Central London where Connor’s school is. Eugene frequently comes to her parents’ house, calling and texting her but Charlotte refuses to respond as she is scared of him and doesn’t trust him.
You are a solicitor for Bell LLP and Charlotte comes to you seek legal advice on how to divorce Eugene. She specifically would like to know the following:
1. What legal options are open to her to bring her marriage to an end? Advise her on her options under the current law and also following the coming into force of the Divorce, Dissolution and Separation Act 2020. (25 marks)
2. What financial and property orders the court may make on divorce and how the various factors in s.25 MCA 1973 might be applied here? (35 marks)
3. What orders she could obtain to enable Connor to stay with her and the criteria which would be considered by the court in the welfare of Connor and the making of those orders?
(40 marks)
Advise Charlotte on the above issues giving justifications for your answers and quoting the relevant law.
Task details:
“The question is not whether, viewed objectively by the court, the particular act or omission which is challenged was in fact in the interests of the company; still less is the question whether the court, had it been in the position of the director at the relevant time, might have acted differently. Rather, the question is whether the director honestly believed that his act or omission was in the interests of the company”.
(Parker, J in Regentcrest plc v Cohen [2001] 2 BCLC 319)
Critically analyse this statement with reference to s.172 of the Companies Act 2006 and to relevant case law focusing in particular on the concept of “enlightened shareholder value”.
Instructions:
In this essay-style assignment you are expected to take a broad view of the issues arising from this statement and what it demonstrates in relation to the directors’ general statutory duty to promote the success of the company. You will need to consider the applicable law in the Companies Act and also relevant case law relating to the common law duty on which s.172 is based.
Read carefully both the written and online guides to the OSCOLA referencing. Improper referencing results in lower marks.
Your answer must be word-processed using Microsoft Word. All assessments must be written in Arial or Calibri font, 12pt with 1.5 spacing. Please put page numbers at the bottom of your script.
READ PROPERLY THE TASKS IN THE ATTACHMENTS.
1) Critically analyse the effectiveness of judicial review on the use of Royal prerogative powers.
2) Advise Celes on what grounds she could claim a half-share in the house and whether she is likely to be successful under the rules of implied trusts (examining both resulting and constructive trusts rules) and if any remedies may be available to her. Support all discussions with relevant authorities.
DataLoss have a permanent VPN connection to the computer in his Practice and monitor the CCTV images, climate control and lighting on his behalf. Their data systems also manage customer files, finance, client record keeping, eye scans and some basic medical information.
For a long time, Samuel did not ask for consent from his members for processing their data. He takes his members’ personal contact details, glasses prescription information, financial data and some medical information on a paper form. He has always relied on the pen and paper approach and did not accordingly feel that data protection applied. DataLoss uses a consent window Samuel uses to input his members’ data into DataLoss’ system, consenting on their behalf without input from them. This data is stored and managed on DataLoss’s servers on their site in Oxford.
Samuel originally signed an agreement that allowed DataLoss total authority over how they handled his data and was committed to a 12-month period. 2 weeks ago, DataLoss changed their terms of service and now give him the authority to demand they delete his members’ data without notice. DataLoss goes on to state “we are now encrypting your clients’ data for their security”. Samuel is concerned that this may not have been done previously.
On advice from an employee of DataLoss, Samuel now asks his members to tick a box on the form that says “I consent to Samuel’s Opticians processing my personal data”. The same employee alerts Samuel that DataLoss also offer an optional ‘AutoHire’ package, which allows their system to autonomously recruit, book and dismiss employees. Samuel is considering purchasing this package.
DataLoss themselves have also had a number of issues they have not disclosed to Samuel or anyone else at this stage.
Edward, the System Administrator, is additionally and unofficially tasked with maintaining DataLoss’ system security. Although he is unpaid for this role, he takes it very seriously as he is of the belief that DataLoss employs people who are not diligent with cybersecurity. Although he has been informally tasked with this role, Edward has been instructed by the Managing Director not to test the company’s security on several occasions and that it is absolutely forbidden to take data home or access work computers from home.
DataLoss suffered a ransomware attack 3 weeks ago at the hands of a notorious UK based cybercriminal ‘Reptile Squad’, causing them to become locked out of their own hard drives rendering them inaccessible. Edward raised this an emergency and said that it needs to be reported and dealt with immediately “as the attackers most likely have access to our clients’ data”. Senior management have ignored him, instructing him to remain silent and paid the attackers to recover their clients’ data quietly. Once access was restored, DataLoss instructed Edward to develop a new system of encryption to ensure it does not happen again.
In an attempt to educate his fellow employees, Edward developed and deployed an invasive and sophisticated piece of spyware to the computers of the Company’s Board of Directors from his home. This allowed him absolute access to the entire network that DataLoss uses, including all their client information and the information held on the computers used by the Board of Directors. Outraged and embarrassed, the Managing Director summarily dismissed him and wants him charged with computer crime offences. In a parting shot to the company, Edward used a trojan horse that he installed prior to leaving his employment (as a contingency plan) to gain entry to and shut down DataLoss’s system for several days.
Advise Samuel and Edward on issues surrounding data protection and computer misuse. Also consider issues surrounding DataLoss and whether its conduct could impact Samuel’s business.
Instructions
This assignment requires you to locate and evaluate a news story related to issues involving employment law in Canada. You can choose any Canadian news article from a reputable source published in the last 2 years. Stories on blogs or social media are not acceptable. The story should be from a reputable news agency, newspaper, television station, or similar source. It could be local (Ontario) or national media (Canada wide).
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