Ronald Dworkin’s theory of law is often characterised as a form of anti-positivism. Does it offer a genuine alternative to legal positivism?
-Cover Dworkins theory of law both in the Model of rules 1 and 2
– How contradicts Harts theory
– Looks at the differences in both Harts and Dworkins theory
3200 words of critical analysis on UK pharmaceutical regulation and product liability law; looking at the industry as political player; exerting major influence over key regulators; and how the product liability law (ie Consumer Protection Act) somewhat protecting the industry ironically.
‘The extent of industry influence over drug regulation, at the expense of other interested parties, suggests that the current system could be more robust.’
(J Abraham, ‘The pharmaceutical industry as a political player’ 390(9) (2002) The Lancet 1498 at 1498).
With reference to the regulation of pharmaceuticals and the law on product liability, critically discuss this statement.
This has to include a vast literature review with regards tto the above topic. Please kindly provide a well written essay by an expert in law. Any enquiries or for further information please promptly discuss with me. Thank you.
To what extent does the current legal framework for support of businesses during the covid 19 pandemic leave vulnerable groups exposed and what suggested improvement can assist in remedying that lacuna.
Define vulnerable groups.
And to what extent does the current legal framework support or disadvantage single mother domestic abuse victims access to legal services and the effect of remote family hearings during covid 19.
The limits as stated include quotations in the text, but do not include the bibliography, footnotes/endnotes, appendices, abstract etc.
2- The question of this essay is: Can the global Internet be regulated nationally?
3- Powerpoint slides have been added to clarify all essay requirements
4- It’s required at least 30 sources related to this topic. from European/UK case law, books, journal articles and statutes, statutory instruments and legislation
5- The paper format must be OSCOLA
Legally analyse the weakness’ of the CAFCAS System as identified through the ‘Harm Report 2020’. Ref UK case law, Oscola style, use footnotes, to legally analyse the affect & options for defence/recourse for mothers who claim domestic abuse that have their children removed through Cafcass/family courts citing ‘parental alienation’ as a perpetrators defence to domestic abuse as identified in the ‘Harm Report 2020. Identify why MoJ knowingly allows Cafcass/family courts to do this? Decisions to change residence made on opinion over evidence.
The question is split into Part A (contract law) and Part B (tort law), you must answer BOTH parts. A maximum of half of the words can be used in Part A and half of the words in Part B.
Part One – Contract Law
George Zirkos inherits a large area of land and buildings in rural Essex from his grandmother and decides that, rather than live in the property, he will turn it into luxury flats and rent them out as holiday apartments. George employs a building firm, Johnson and Co, to do the work of redeveloping the property so that it will be suitable for the rental market. On 1 January 2018, Johnson and Co enter into an agreement with George to do the work with completion due by 31 December 2018. The agreement provides that failure to complete the work by that date will trigger a penalty clause, meaning that Johnson and Co will lose 1% of the contract price for every week that they are late in completing the redevelopment.
On 1 April 2018, Johnson and Co enter into another contract with subcontractor Preston Plumbers to complete the plumbing and heating work within the buildings for £150,000, with completion due by 30 October 2018. By 1 August, it becomes clear to Preston Plumbers that it cannot complete the work on time because i) it has underestimated the work involved in the job, ii) a higher than expected number of its staff have been off sick, and iii) it is struggling to get building supplies because of a recent global shortage. Preston Plumbers approaches Johnson and Co to let them know that they are going to struggle to complete the job on time. James Johnson, Managing Director of Johnson and Co, offers to pay an extra £15,000 out of his own funds on the condition that the work is completed no later than 30 October as originally agreed. Preston Plumbers complete the job on time. Is the promise to pay an additional £15,000 enforceable?
Part Two – Tort Law
‘[T]he question of what amounts to “such care as in all the circumstances of the case is reasonable” depends upon assessing … not only the likelihood that someone may be injured and the seriousness of the injury which may occur, but also the social value of the activity which gives rise to the risk and the cost of preventative measures. These factors have to be balanced against each other.’ Lord Hoffmann, para 34 in Tomlinson v Congleton Borough Council [2004] 1 AC 46.
Critically analyse the above statement about the way in which the courts assess the standard of care in a negligence claim.
The question is attached under the name of (Question ‘File’). This is a UK English Tort Law Problem question. To answer the question please use the method IRAC. Which is Issue, rules, application and conclusion. Tort law is made from case law; therefore, you have to cite only UK case law that is relevant to the scenario. All the material need is attached in the PowerPoints and the documents.
The question states that “the experts differ on whether the bleeding, and resultant death, could have been prevented even if the condition had been diagnosed.” This means that the opinions of the experts are equally divided. Some experts believe that the bleeding and death could have been prevented if the condition had been diagnosed. Other experts believe that the bleeding and death would have resulted even if the condition had been diagnosed.
You should discuss all possible actions in tort that may arise from the factual scenario. Also, you should discuss all possible defences that may be applicable to the tort actions that may arise from the factual scenario.
For each issue you have identified, be sure that you have said something about each element or the tort, for example, duty and breach etc. Do not forget defences. If there are no defences apparent, then say so. To earn maximum marks, you need to spell everything out.
There are two ways regarding the use of cases. Using cases, the second way (when applying the rule to the facts) entails telling a few things about the case that you are relying on. This is where you might want to look harder for cases that seem relevant. This is not to say that there is any special case that you need to look for: we do not expect you to discuss, or even cite, any cases that cannot be found in the class materials. We just want you to make sure that you have left no stone (case) unturned.
We are looking for you to identify the issues, to state the law that applies (with citation to statute or case authority), to apply the law to the facts (perhaps with the help of a similar case to support your argument), and to come to a conclusion. The conclusion is the least important of these steps.
There is no good reason why section 2 of the Suicide Act 1961 should not be amended to permit physician assisted suicide. Critically assess this statement.
Is the waste hierarchy still a useful guide as to the proper formulation and implementation of law and policy in this area?
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