Describe a business that you may own some day or that you currently own. Examine the best business organizational form for the business that you have described, including in your examination personal liability exposure, management, taxation, and ease of formation.

Legal Underpinnings of Business Law

Imagine that you own each of the following businesses:

Tinker’s Home Security Service

Tinker & Tailor’s Home Security Service

Tinker & Tailor’s Home Security Service

Tinker & Tailor’s Home Security Service, Inc.

Tinker & Tailor’s Home Security Service, LLC

The businesses are being sued for breach of contract. Create a matrix that lists each business, and compare and contrast your personal liability exposure as an owner as a result of the lawsuit.

For each business entity, analyze how you might limit your liability exposure as an owner.

Describe a business that you may own some day or that you currently own. Examine the best business organizational form for the business that you have described, including in your examination personal liability exposure, management, taxation, and ease of formation.

How has Situational Crime Prevention been used by authorities to tackle or prevent crime?Evaluate the effectiveness of such policies with the use of some specific examples .

In this coursework you will be expected to cover the following in your essay:

• What is Situational Crime Prevention?
• What are the theoretical assumptions that underpin this approach .
• How has Situational Crime Prevention been used by authorities to tackle or prevent crime?
• Evaluate the effectiveness of such policies with the use of some specific examples .
• What are the strengths and limitations of such an approach?

What can constitute as a valid consent or an indication of valid consent in an online environment? And equally, what types of activities cannot be? How consent can be given in an online environment?

To be valid, [data protection] consent must be knowingly given, clear and specific.” Information Commissioner’s Office Critically discuss the importance of consent, what constitutes consent and how this can be given in an online environment by reference to European data protection law.

Footnotes or end notes must be included within the specified page allowance; each note must be no smaller than 10 point font and must start on a new line.
What constitutes consent is the second element.
And you need to be able to express and write what is a valid consent ? Or how does invalid consent look like?
3-And the third part of the question is being able to tell how consent can be given in an online environment? What can constitute as a valid consent or an indication of valid consent in an online environment? And equally, what types of activities cannot be? How consent can be given in an online environment?

 

What is Sophia’s ethical obligation to Pete? Should she tell him about the mistake? What Life Principles would you apply in this situation? What would Kant say?

Sophia negotiated a contract with Pete under which she would buy his company for $10 million plus the amount of the company’s outstanding debt . But when Pete sent a draft of the contract, it stated that the purchase price would be $10 million less the company’s debt. What is Sophia’s ethical obligation to Pete? Should she tell him about the mistake? What Life Principles would you apply in this situation? What would Kant say?

Is there any problem with the drafting of this provision? What could be done to clarify the language?

Answer BOTH questions below.

1) List three provisions in a contract that would be material, and two that would not be.

2) Blair Co.’s top officers asked an investment bank to find a buyer for the company. The bank sent an engagement letter to Blair with the following language:

If, within 24 months after the termination of this agreement, Blair is bought by anyone with whom Bank has had substantial discussions about such a sale, Blair must pay Bank its full fee.

Is there any problem with the drafting of this provision? What could be done to clarify the language?

 

Analyze the issues in both lawsuits. What are the questions to be litigated and what are the potential outcomes? How did you arrive at your analysis?

One windy Sunday afternoon in October, Susan decided to take a 3 mile bicycle ride in preparation for her upcoming triathlon. While she usually rides along an isolated bike path through the woods, on this particular day she decided to take the narrow bike path on the highway, thinking that the wind would less likely effect her performance if she rode on an open road. There was usually minimal to no traffic congestion on the highway on Sunday afternoons, so Susan was more convinced that her decision was the right one.

Analyze the issues in both lawsuits. What are the questions to be litigated and what are the potential outcomes? How did you arrive at your analysis? Remember to use IRAC in your analysis. In addition this scenario takes place in New York.

Critically evaluate whether Kernott v Jones  UKSC 53 has clarified the use of imputation and left the law in a satisfactory position.

“The distinction between inference and imputation may appear a fine one … but it is important. An inferred intention is one which is objectively deduced to be the subjective actual intention of the parties, in the light of their actions and statements. An imputed intention is one which is attributed to the parties, even though no such actual intention can be deduced from their actions and statements, and even though they had no such intention. Imputation involves concluding what the parties would have intended, whereas inference involves concluding what they did intend”.

Stack v Dowden UKHL 17 [125-126] per Lord Neuberger

Critically evaluate whether Kernott v Jones  UKSC 53 has clarified the use of imputation and left the law in a satisfactory position.

Explain the legal rules dealing with establishing a duty of care. Discuss the historic development of the law relating to duty of care in novel situations.

You must provide a reference list and a word count at the end of your work. The reference list is not included in the word count.
Question 1
“Robinson and Michael appear at long last to have brought clarity to the principles governing the existence of a duty of care. The judgments in Michael and in particular, in Robinson now appear to have closed the door on the general test approach once and for all.”
Tahzib, O.  ‘Beyond the will-o’-the-wisp: duty of care after the death of the three-stage Caparo test’, Journal of Personal Injury Law, 2, pp.93
Evaluate this statement and explain why you either agree or disagree.
Learning outcomes
TMA 03 tests the following outcomes:
Knowledge
Explain the legal rules dealing with establishing a duty of care.
Discuss the historic development of the law relating to duty of care in novel situations.
Evaluate different approaches to establishing a duty of care in light of recent case

Compare and contrast the differences in pro bono law clinics across the two jurisdictions.

Pro bono legal clinics are well established in the United States, some have been in existence for more than 75 years. Some of these clinics have become both centres of excellence and beacons of hope for those left out in the cold by the justice system.

The work these clinics do is complex, perhaps even visionary. In contrast the English legal system has been much slower at developing its pro bono offer and now finds that it is several decades behind the USA in this area.

Compare and contrast the differences in pro bono law clinics across the two jurisdictions. Conclude your work with recommendations for the English legal system’s pro bono offering.

Briefly identify the key differences between formal and substantive versions of the rule of law.

This assessment is made up of two parts / components and you MUST COMPLETE BOTH

During a ‘Black Lives Matter’ protest in Bristol in 2020, four individuals were charged with criminal damage under the Criminal Damage Act 1971 for toppling the statue of Edward Colston and throwing it into the Bristol harbour. At the trial, the four’s defence lawyer argued that the statue was so indecent and potentially abusive that it constituted a crime by its very presence. Colston was linked to the slave trade. On the 5th January 2022, a jury acquitted the four of criminal damage. Yet there was no denying that they had taken the action of toppling the statue and throwing it into the harbour.

Bearing the above in mind, address the following question under the TWO PARTS BELOW:

How might one assess this outcome from the perspective of the rule of law? Use at least two definitions of the rule of law that we have looked at in the module in answering the question.

In order to do this, you need to do the following:

Briefly identify the key differences between formal and substantive versions of the rule of law.
Provide an outline or plan of how you think the question should be addressed if presenting it in an essay.