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Are there objective standard problems relating to the law in tort?
February 22, 2018
CASE STUDY 1: You have been newly appointed as a legal advisor in a firm of accountants. Mr. Atkinson, the senior member of the firm has asked for your assistance. He has asked you to write a report for one of his client, Mr. Conway who is uncertain as to some issues regarding the law of agency. You report should attempt to address the following issues and should be illustrated with relevant examples of case law. (1a) Explain the relationship between the parties involved in an agency. (1b) Identify the types of authority an agent may possess. (1c) The basis and importance of agency of necessity. CASE STUDY 2: Andrew, Barry and Catherine are going into partnership as designers. However as they are entering into a partnership agreement for the first, there are a number of issues that need clarifying and have thus asked for some guidance. You are a legal assistant and have been approached by your employer to write a letter, illustrated with case law, informing them of their legal position with regards the following queries. (2a) Changing the type of business carried on by the firm. (2b) Borrowing money on behalf of the firm without notifying the other partners. (2c) The position where one of the partners wants to introduce a new partner. (2d) The extent of liability if one of the partners decides to retire from the firm. (2e) Dissolving the firm.
One of the primary purposes of law is said to be the compensation of the claimant. However, ignoring issues of access to justice, the fact is that some claimants are compensated and others are not, even where the harm suffered is similar’. Using suitable examples: a) critically consider the strength of this argument and explain: b) how such distinctions have been justified; and c) explain your conclusions as to the validity of these justifications.