Perspective on NIL and the Changing Landscape of Sports Law
Introduction The landscape of sports law has undergone significant transformation in recent years, particularly with the introduction of Name, Image, and Likeness (NIL) rights ...
The Doctrine of Precedent: Cornerstone of Common Law, Yet Fraught with Complexities and Controversies
Introduction The doctrine of precedent, often referred to as *stare decisis* (to stand by decisions), is widely regarded as the foundation of the common ...
Is This a Valid Trust? I Leave My Collection of Burmese Art to My Dear Friend William in the Hope That He Will Keep a Few Items for Himself and Then Give the Rest to My Granddaughters When They Reach the Age of 21
Introduction This essay examines the validity of a trust based on the statement, “I leave my collection of Burmese art to my dear friend ...
What is Law and How Does it Differ from Rules and Morals?
Introduction The concept of law is fundamental to the functioning of society, providing a structured framework to govern behaviour and maintain order. However, law ...
“It therefore appears that the law after Pan Atlantic is much the same as it was after the much-criticized CTI decision, although it is arguable that it is worse in that it is no longer open to the insured to argue the ‘increased risk’ theory. The introduction of an inducement requirement has served only to muddy the waters, rather than clear them, which is what the House of Lords purportedly set out to do. There must now be a very strong argument for referring this whole issue back to the House for clarification and resolution.” Discuss.
Introduction The principle of utmost good faith, or uberrimae fidei, has long been a cornerstone of insurance law, imposing a duty on the insured ...
Discuss the Nature, Meaning, and Importance of the Doctrine of the Rule of Law
Introduction The doctrine of the rule of law is a foundational principle in public law, particularly within the context of the United Kingdom’s unwritten ...
Explain the Case of Macarthys Ltd v Smith as an Example of a Treaty Having Horizontal Impact
Introduction This essay explores the landmark case of Macarthys Ltd v Smith (1980) as a significant example of a European Union (EU) treaty provision ...
The Postal Rule for Acceptance of a Contract Offer: Should It Be Retained or Abolished in Ireland?
Introduction The postal rule, a foundational principle in contract law, establishes that acceptance of an offer is effective upon the posting of a letter ...
Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth within any country of the realm any reasonable creature rerum natura under the King’s peace, with malice aforethought, either expressed by the party or implied by law, [so as the party wounded, or hurt, etc. die of the wound or hurt, etc. within a year and a day after the same]. (Sir Edward Coke Institutes of the Laws of England, 1797). What do you think the prosecution would have to show to prove a defendant (D) committed murder? What are the actus reus and mens rea elements? How would you go about finding the definitions of the many unusual terms here?
Introduction This essay examines the definition of murder as articulated by Sir Edward Coke in his *Institutes of the Laws of England* (1797), a ...
“It therefore appears that the law after Pan Atlantic is much the same as it was after the much criticized CTI decision, although it is arguable that it is worse in that it is no longer open to the insured to argue the ‘increased risk’ theory.’ The introduction of an inducement requirement has served only to muddy the waters, rather than clear them, which is what the House of Lords purportedly set out to do. There must now be a very strong argument for referring this whole issue back to the House for clarification and resolution.” Discuss
Introduction This essay critically examines the development of insurance law concerning material non-disclosure and misrepresentation, focusing on the impact of the decision in Pan ...
