Critically discuss the merits of the three-stage test, also variously known as the ‘incremental approach or the ‘tripartite test’ for establishing a duty of care and its role in the concept of negligence.

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Elements of Corporate and Business Law

QUESTION TO ANSWER:

Using Donoghue v Stevenson (1932), Caparo Industries plc v Dickman (1990) and Customs and Excise Commissioners v Barclays Bank plc (2007) and other relevant cases, critically discuss the merits of the three-stage test, also variously known as the ‘incremental approach or the ‘tripartite test’ for establishing a duty of care and its role in the concept of negligence.

Your essay should be written in an academic style, that is enriched with relevant cases and documented with citations, and a bibliography. The work must be word-processed and must not exceed 1500 words. ^ copy pasted from attached file.

Dont have to write more than 1375 words. Stating some sources below you need to use for the perfect answer n some help. They are also stated in the attachment and so is the question. You can view the attachment for a more clearer scope. Use as many sources as you can.

Useful Resources

Kelly, D., Hammer, R., Denoncourt, J. and Hendy, J. (2020). Business Law. Fourth edition. Taylor & Francis.

Rouch, L. (2017), Business law, Fourth edition, Oxford University Press.

Marson & Ferris (2016), Concentrate business law, third edition, Oxford University press.

Jones, L (2017), Introduction to Business Law, Fourth edition, Oxford University press

Buckland, W.W. (1935) The duty to take care, LQR, 51: 637

Winfield, P.M. (1934) Duty in tortious negligence’ Columbia Law Review, 34(1), 41-46

Murphy, G. (2011) The snail and the ginger beer: the singular case of Donoghue v Stevenson, Commonwealth Law Bulletin, 37(1), 214-215

Thank you very much and good luck. Please try make it as critical, accurate and grammar enriched as you can for the, thank you. Your efforts are very much appreciated. Please message if need further info.

Critically discuss how and why the judiciary use Case management via the Civil procedure Rules in Civil cases at the following stages in the Civil Procedure process.

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Civil litigation

Critically discuss how and why the judiciary use Case management via the Civil procedure Rules in Civil cases at the following stages in the Civil Procedure process:

1) Allocation

2) Costs

1) & 2) carry equal marks and ensure you use relevant statute and case law.

Knowledge and Understanding

1. Evaluate the core elements which enable an act of litigation;

2. Understand full trial process, including any possible pre-action steps;

3. Explain when any case may be terminated without a trial as well as the use of offers of settlement and other remedies; and

4. Understand and analyse orders and judgments, from enforcement to appeal.

Practical, Professional or Subject Specific Skills

5. Application and understanding of the civil litigation process; and

6. Ability to recognize the relevance of the essay to the law and the changes in civil litigation that have recently occurred in relation to post Briggs and Covid and affected the civil litigation process.

Transferable Skills and other Attributes

7. Demonstrate the ability to write in a clear and unambiguous manner using correct terminology and utilising accurate referencing techniques;

Assessment Information/Brief 3

8. Using a range of primary and secondary sources of information, law reports, statutes, statistical data and socio-legal research;

9. Apply library based (conventional and electronic) research skills to research relevant issues; and

10. Structure opinions on civil litigation that are objective and ethical.

Demonstrate critical understanding of legal issues created by autonomous technologies. Identify the challenges and opportunities that Artificial Intelligence has brought to legal practice. Critically evaluate specific applications of autonomous technologies in the field of law.

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Artificial intelligence

Question:
Evaluate the bias and discrimination problem present within AI. You should consider various instances in which bias and discrimination has occurred in AI systems, and any attempts made to reduce the issue.

1.Demonstrate critical understanding of legal issues created by autonomous technologies.

2. Identify the challenges and opportunities that Artificial Intelligence has brought to legal practice.

3. Critically evaluate specific applications of autonomous technologies in the field of law.

4. Understand the wider societal implications of Artificial Intelligence and Law.

5. Apply acquired knowledge of AI and Law to identify legal solutions arising from the use of autonomous technologies.

6. Plan and conduct research into AI and its impact on the legal sector;

7. Identify and analyse future challenges related to Artificial Intelligence and Law.

8. Present arguments in a clear, logical and accurate form;

Discuss the challenges in implementing macroprudential tools to prevent or mitigate risks to financial stability.

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Banking Law

Answer one of the following question/s:

1. “In response to the COVID shock, many countries have relaxed macroprudential policy tools to enable banks to absorb expected losses and support the continued provision of credit to the real economy.” Discuss the challenges in implementing macroprudential tools to prevent or mitigate risks to financial stability.

2. “Basel III is a clear improvement over its predecessors, as it requires banks to hold more, higher quality capital and introduces macroprudential standards that address systemic risks in the financial sector. Yet many argue that the changes fall far short of what is needed.” E Jones, The Political Economy of Bank Regulation in Developing Countries: Risk and Reputation (2020). Discuss.

Explain your recommendation about whether to keep the current system or revert back to the older system. Describe at least one ethical and/or legal issue that the clinic must consider as a result of your recommendation.

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Cybersecurity Consultation

For this interactive assignment you will take on the role of a newly appointed data security consultant for a mental health clinic. The clinic has adopted a new system that allows clinicians to take and store notes from individual counseling sessions in their clients’ files in a far more effective and efficient manner. This new system has lessened operational costs for the clinic allowing them to lower client costs per session, as well as allowing for more integrative care within the clinic. This system has shown improved benefits in the standard of care for all patients. In a recent news report, however, this same system was cited as having been recently breached by hackers looking for personal data. This system has been adopted for use in thousands of clinics across the country and this is the first report of a security breach. The clinic now faces the dilemma of whether to continue using the current, beneficial system, or revert to the older system that had time-tested security benefits.

In your role as a consultant, you have been tasked by the clinic’s board of directors to make a recommendation about whether to keep the current system, or to switch back to the old system. Evaluate the ethical and legal issues related to the clinic’s dilemma and create a presentation for the board.

For your initial post, you will create a three-five minute screencast video of a PowerPoint presentation for the clinic’s board addressing the security issues related to the system and providing them with your recommendation. For the screencast video portion, you may use any screencasting platform you wish. (Quick-start guides for Screencast-O-Matic (Links to an external site.) and Jing (Links to an external site.) are provided for your convenience.)

Your PowerPoint presentation must include the following elements.

Explain your recommendation about whether to keep the current system or revert back to the older system.
Describe at least one ethical and/or legal issue that the clinic must consider as a result of your recommendation.
Describe at least one additional technique that the clinic can utilize to further protect itself against cyber crime.
Explain the basic legal rights of the clinic if it is affected by cyber crime in the future.

Explain either a new idea you discovered from the article, or an idea from prior learning that is reinforced by it. Summarize how this article changed or reinforced your understanding of the basic legal rights of individuals or businesses who are affected by cyber crime.

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News Reaction Journal

For this journal, select an online article published within the past two years about a cybersecurity problem with a focus on legal and ethical issues. (Access the MSCJ Professional Sources guide (https://ashford-mscj.weebly.com/) for assistance with finding appropriate resources.)

For this assessment, you will write a 500-word minimum “news reaction journal,” to the article. The written reaction should include your insights on the issue, incorporating both your personal views and the content you have learned in your studies thus far. In addition to a full-APA citation, in your written reaction journal, provide substantive responses to the following elements as they pertain to legal and ethical issues in cybersecurity.

Explain either a new idea you discovered from the article, or an idea from prior learning that is reinforced by it.
Summarize how this article changed or reinforced your understanding of the basic legal rights of individuals or businesses who are affected by cyber crime.
Breakdown the arguments either for or against at least one of the legal or ethical issues posed in the article.

If strong cryptography is the principle means of securing one’s papers, do Americans have a right to strong cryptography?

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The Regulation of Cryptography

In an essay of 750 to 1000 words, choose a side on the following topic and argue your point: Americans have a Fourth Amendment right to “be secure in their persons, houses, papers, and effects”. Now that our “papers” are digital, this protection extends to digital data. If strong cryptography is the principle means of securing one’s papers, do Americans have a right to strong cryptography?

 

What steps would KG Ltd need to take prior to issuing proceedings? What is meant by “disclosure” and what documents would KG Ltd disclose in this action?

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Civil Law – Uk court proceedings,Enforcement,direction,discolsure etc

Question 1 65 marks in total

Word limit 1200 words
You are a paralegal and your supervisor, Hilary Helmore has asked you to prepare a note for a meeting with a client called Kamran Gul and Associates Ltd (“KG Ltd”), a technology business, which is trying to recover a debt from a business debtor, Adnan Khan. Ms Helmore has not yet met the client, but their managing Director, Kamran Gul, has arranged to come to your firm’s offices shortly for advice on the claim. Ms Helmore is unable to meet Mr Gul and has asked you to attend the meeting and advise Mr Gul.

The background to the client’s claim is as follows. KG Ltd has designed and sells a software package (known as KG Debt Management 2021) which enables businesses to process debts more efficiently. KG Ltd delivered the software licence for KG Debt Management 2021 to Mr Khan on 1st February 2021. Prior to this, a quote for £16,000 dated 13th January 2021 was accepted by Mr Khan for purchase and installation of KG Debt Management 2021. There was no contract other than the quote dated 13th January, a copy of which was countersigned by Mr Khan. In December 2020, Mr Khan had attended KG Ltd’s offices and had seen the KG Debt Management 2021 system in operation at KG Ltd’s offices. Mr Khan paid £2,000 on 28th January 2021, as obliged to do under the quote which stipulated this was due before installation of the software. The quote stated that the balance was due within 14 days of installation of the software. Mr Gul has attempted to speak personally to Mr Khan about the debt, but none of his calls has been returned. The software was installed by a technician, Paul Smith (trading as Saffron Walden Office Supplies Ltd), who has a separate contract with KG Ltd to install KG Debt Management 2021. Mr Gul has received complaints from other customers that Paul Smith has performed poorly on occasions and Mr Gul is considering employing a specialist technician to allow KG Ltd in future to install the KG Debt Management 2021 software itself rather than relying on Saffron Walden Office Supplies Ltd.

Mr Gul wants to recover the debt as soon as possible. In preparation for your meeting with Mr Gul, Ms Helmore has asked you to draft a note (of not more than 1,200 words) dealing with the following issues:

 

1 What steps would KG Ltd need to take prior to issuing proceedings? 10 marks

2 What is meant by “disclosure” and what documents would KG Ltd disclose in this action? 10 marks

3 Draft a Particulars of Claim in this action (up to but excluding the statement of truth). 35 marks

4 Supposing KG Ltd were to succeed in their claim what options are available to the client for enforcement of the award. 10 marks

 

Question 2

Word limit 800 words

‘Part 36 is the supreme achievement of the Civil Procedure Rules in assisting out of court resolution of civil disputes, and thus best illustrates the presiding philosophy of those rules, that restricting legal costs promotes better access to justice.’ Critically analyse this statement. 35 marks

Present a clear explanation of the relevant element(s) of contract law within this scenario; • Explain any legal terms that you use. Sam might not understand legal jargon; State the precise legal nature of the statement that ‘specific methods’ were needed.

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Contract law

Task Reply to Sam by email, advising them of the position in contract law. Your email should identify the specific contractual issue presented in the scenario above and advise Sam as to whether or not Pat is correct.

Your email response shall:

• Present a clear explanation of the relevant element(s) of contract law within this scenario;
• Explain any legal terms that you use. Sam might not understand legal jargon;
• Set out the essential elements of a valid contract and show whether the amendment is valid;
• State the precise legal nature of the statement that ‘specific methods’ were needed.

What are the strengths and limitations of each, what types of information can only be collected by human espionage versus technical espionage, what are the organizational differences in how we conduct human versus technical espionage?

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Espionage

Topic: Espionage exists in many forms. Compare and contrast human intelligence espionage versus technical espionage (imagery, communications, electronics, cybercollection, etc.).

Here are are a few questions to prompt your thinking. But you should develop your own measures and present them in your paper. What are the strengths and limitations of each, what types of information can only be collected by human espionage versus technical espionage, what are the organizational differences in how we conduct human versus technical espionage, what are the costs invested in human versus technical espionage, what are the problems in managing the information we collect by human espionage versus technical espionage, etc