Law GDL Resits 2015/16
Level Module
Code
Credits
Resit Mode
Resit Essay Title(s)
6
Law of Contract
M3063
15
1,500 words (20%)
“The decision of the House of Lords in Shogun Finance Ltd v Hudson [2003] UKHL
62 has failed to bring clarity to the law on mistake as to identity.”
With reference to case law and academic commentary, critically examine this
statement.
6
Criminal Law
M3064
15
1,500 words (20%)
You should choose ONE of the following titles:
1. “It is well to recall how foreign to the common-sense concept of intention is
the ... notion that that which is foreseen as certain is intended. ...One who
hangs curtains knowing that the sunlight will fade them does not thereby
intend that they shall fade. Those who wear shoes don’t intend to wear them
out.”
2.
Discuss the desirability of the current law on intention in the light of this
comment.
3. Gareth worked in a large open-plan office, which had a small, shared kitchen
where staff could store their food. Gareth was really fed up that someone in
the office kept eating his breakfast cereals. One Monday, he decided to teach
this person a lesson. He grated ten laxative pills and mixed these in his new
packet of muesli before placing it in the office kitchen cupboard. He
estimated that whoever was eating his cereal might suffer some pain and
discomfort, but he was absolutely sure it would not be anything too serious.
Tim, a colleague, helped himself to a bowl of Gareth’s muesli. Tim quickly
developed diarrhoea, and since he had Irritable Bowel Syndrome, his
symptoms were particularly severe. He had to leave work.
Tim suffered three days of vomiting and diarrhoea, but did not seek any
medical help, since he had a deep-seated phobia of hospitals and doctors.
On the Friday, Tim returned to work, but looked so weak that Dawn, the
receptionist, immediately called an ambulance. Unfortunately, when the
ambulance arrived the two female paramedics were delayed twenty minutes
by the office manager, David, who mistakenly thought they were strippers
sent for his birthday. By the time they reached Tim he had lost consciousness.
Tim was eventually taken to hospital. Chris, the consultant, gave Tim drugs
which were unsuitable because of his Irritable Bowel Syndrome, and in fact
ended up making him worse. Consequently, the doctors decided to put Tim
on a drip to replace lost fluids. Unfortunately Lee, the nurse who was asked
to do this, had left his glasses at home. He mixed up the bag of saline fluid
meant for Tim with another patient’s chemotherapy drugs. Tim died as a
result of poisoning from these drugs.
Discuss Gareth’s liability, if any, for the death of Tim. You are not required to
discuss any potential criminal liability of other parties.
4. ‘There is no need to reform the law relating to assisted suicide. The current
prosecutorial guidance now ensures that the law serves its purpose.’
Discuss.
(Please note that this essay is set so that those of you who wish to take some
independent research have the opportunity of doing so. The topic will only
form a small part of one lecture. As always, credit will be given in the marking
for the level of research undertaken.)
6
Land Law
M3065
15
1,500 words (20%)
You should choose ONE of the following titles:
1. “What the cases show is that, where possible, it is highly desirable to
stipulate in a contract of sale which items are to be included and which are to
be excluded from the sale”
M P Thompson, Modern Land Law (5th edn, 2012) 18.
Analyse this statement critically with reference to the legal principles
regulating whether an object is understood to be a chattel or to form part of
the land.
2. “When described in such abstract terms, the lease appears wholly different in
nature from the licence. However the distinction has proven in practice to be
more problematical […]”
K Gray and S Francis Gray, Elements of Land Law (5th edn, 2009) para 4.1.67.
6
Dissertation
M3068
30
RSP 2000 words
(20%)
Dissertation 8000
words (80%)
Discuss this statement critically.
See Supervisor