Reference no: EM133154434

Unit - Equity and Trusts
Level 5

Assignment
Task 1

Write an essay on the flexible and continually developing nature of equity. Your essay should:
• Explain key historical events leading to the development of Equity.
• Examine the relationship between law and equity.
• Explain the meaning of equitable maxims.
• Analyse the features of constructive trusts.

Task 2
On finding out he was terminally ill in January 2019, James decided to distribute some of his wealth before his death_
• James tells his brother, Martin, that he is giving him the shares that he holds in Neptune Limited to provide an income for him to set up his own business. Martin resigns from his job to set up the business.
• On a visit to his nephew, Peter (aged 12), James hands over his grandfather's medals saying that Peter should have them. On leaving James took the medals with him
• James wrote a letter to his niece Helen, saying that he was giving her his late wife's jewellery. Helen never got in touch about collecting the jewellery.
• James wrote to his sister, Gail, telling her he was transferring his holiday cottage in Scotland to her to hold an trust for James' 16 year old daughter, Melanie, when she attained the age of 21. He enclosed an executed trust deed transferring the house to Gail_
James died in May 2019 having made a will in March 2019 with his niece, Helen as the executor. The will left his cottage in Scotland and his late wife's jewellery to Alisha, his new partner. The will also left £25,000 to the Bentown Bird Watching club which is an unincorporated, non-charitable association_ The residue of his estate was left half to his son, Harry and half to his daughter Melanie in trust until she reaches the age of 18 with Harry as trustee. The Neptune limited share certificate and a signed transfer document in favour of Martin were found amongst James' belongings on his death as were his medals.
You are required to:
a) Advise who is entitled to=
• The Neptune Limited Shares
• The Jewellery
• The cottage in Scotland
b) Explain the three certainties and the difference between a trust and a gift in relation to the medals.
c) Explain the effects of the legacy to the Bentown Bird Watching Club

d) Explain whether there are any circumstances in which Melanie could receive monies from her trust before attaining the age of 18 and the impact this would have on the trust funds_
e) Analyse Harry's duties and responsibilities as a trustee and the potential defences for breach of this duty. In your answers you must:
• Analyse the features of different types of trusts.
• Apply statutory rules and their case law interpretations in appropriate scenarios.
• Examine the need for a human beneficiary in private express trusts.
• Illustrate established exceptions to the beneficiary principle.
• Describe the various methods by which gifts to unincorporated associations may be effected.
• Explain when power of advancement and maintenance can be utilised by the trustees.
• Differentiate correctly between administrative duties and fiduciary duties.
• Evaluate trustees' defences for breach of administrative duties.

Task 3

Kasper is a trustee of the Lantry Charitable Trust. In February 2019, he draws £10,000 of the trust's money (in breach of the trust) and pays it into his own bank account in which he already has £10,000 of his own money. A month later, he bought shares for £7,000 using money from his account. A week later he withdrew £7,000 and bought a car. The next month, he withdraws £5,000 which he gives to his son Ben to use as a deposit on an apartment he is buying.

Realising he is about to be declared bankrupt, Kasper transfers the shares to his daughter, Julia. They are now worth £8,000. On the day he is declared bankrupt, Kasper writes off his car in an accident.

You are required to:
• Advise the beneficiaries of the Lantry Charitable Trust on their position.
• Advise the son and daughter on the gifts made to them.

In your answers you must:
• Analyse the impact of illegality on legal presumptions.
• Evaluate conditions for tracing in law and in equity.
• Appraise the application of the change of position defence.
• Evaluate the rationale for the fiduciary relationship in equitable tracing.

Task 4

Aziz works for Mobapps Limited, producing apps for mobile telephones. He is on a three year contract to develop new apps, which requires him not to work for any other app or software development companies during his contract and for six months after the end of his contract. One year into his contract, Aziz accepts a job with Comp Software co. who develop bespoke computer software for businesses. When Aziz leaves, Mobapps find that all the material relating to the app Aziz was developing have disappeared and they fear that he will finish and sell the app himself.

You are required to advise Mobapps Limited on any equitable remedies it may have_ In your answer, you must:
• Assess when specific performance or injunction can be granted.

Unit - European Union Law

Level 5

Assignment
Utopia, a small state in South West Europe, recently declared independence from Grandia and it is considering joining the European Union.
Rusters Associates (Madrid) where you are employed as junior lawyer, has been approached by Utopia's Government, to advise on a number of points. Your line manager who is an expert in all aspects of the European Union will lead on this work and she wishes to involve you, in order to develop your knowledge and understanding of European Law.

Prepare a draft report for your line manager to consider. The report must address each of the matters listed below, using relevant European Union (EU) legislation and cases, as needed.

1. In the preamble to the report you need to:
examine the historical events of the 2Oth century, leading to the creation of the European Union
evaluate the original objectives of the EU
compare and contrast the original objectives of the EU with its current position

2. In the next section of the report you must address the following requests made by Government officials in Utopia, They want you to:
• provide an evaluation of the functions and powers of each EU Institution covering
how the power of Utopia's national government might be reduced, if it joins the European Union
• examine the extent of the jurisdiction of the European Court of Justice
• explain the voting system of the European Council
An additional request for information has been received. For a Distinction grade you must:
• analyse the balance of power between the EU and national governments like Utopia.

3. In the next section of the report, Utopia wants to understand the doctrine of supremacy and officials have asked you to evaluate it.
They also wish to know the similarities and differences between treaties, regulations and directives and whether upon joining, Utopia will be bound by such legislation, particularly if there is a conflict between EU and Utopia's national legislation.

• Compare and contrast infringement proceedings actioned by the Commission with proceedings actioned by a Member State against another Member State.

4. Utopia's main economy is wine production. The economy of some Member States of the European Union is also heavily dependent on wine production. It is recognised that some of the wine produced by these Member States is of a lesser quality, compared with the wine of Utopia and it contains various additives, considered to be safe by EU legislation.
Utopia's wine is seen as top quality due to the fact that any additives in its production are banned.
It is also a requirement under Utopian law for wine to be sold only in 500 ml glass bottles. In this section of the report you must provide officials in Utopia with the following:
• An explanation of the meaning of freedom of goods and services
• An evaluation of the prohibition of fiscal and regulatory barriers to free movement of goods and services
• An analysis of justifiable derogations from the principle of free movement of goods

• Evaluate the remedies for infringements of EU Law on the free movement of goods and services.

5. At present, Utopia requires any Utopian national to obtain a travel permit, if they wish to travel abroad. Foreign nationals who wish to travel to Utopia can only be granted a three months tourist visa, which is non-renewable and for which they need to pay the equivalent of £150 in local currency. Utopia does not grant a right to work to any foreign national.

In order to encourage population growth, Utopia recently decided to offer the equivalent of £50,000 to any married couple who have at least three children. Utopia does not want to extend this benefit to couples that are not Utopian nationals.
In the final section of your report you need to provide guidance to the officials in Utopia, on the free movement of persons and the freedom of establishment. In this guidance you must:
• Explain the terms 'worker' and 'establishment' in relation to EU Law on free movement of persons
• Examine the rights of workers under EU Law of free movement
• Analyse the exemptions to the EU Law on free movement

Unit Land Law - Level 5

Assignment

You are working for a law firm and have been asked to prepare notes on the following matters in relation to land law.

Task 1
Grace owns a pig farm in Lincolnshire which she has been running with her brother Graham. On Graham's death in 2005, the ownership of the farm passed to her but has found it too much for her to manage alone. She speaks to her son Karl and asks him to move back home to help with the farm. Karl is working in Birmingham in an accountancy firm with prospects of partnership. Grace tells Karl that the farm will be his one day so it is in his interests to help keep it going. Karl gives up his £60,000 a year job and prospects of partnership and moves back to the farm. He lives rent-free in the farmhouse with Grace and works on the farm for a minimal salary. Karl also upgrades the farm over the next few years using his own savings as Grace tells him she has left it solely to him in her will.
In May 2019, Grace leases some of the farms land to Katia to run a riding school and has granted Katia permission to ride across the remaining farmland. Grace agrees to sell Katia the freehold of the land for £300,000. Katia wants to negotiate a lower purchase price but says she will buy the land as long as she can obtain planning permission for a house and new buildings for the riding school.
Grace dies in early June and in her will leaves the entire estate to the National Trust.
Explain the natures of interests in real property and advise Karl and Katia whether they can enforce the arrangements made with Grace. In the case of Katia this would include the sale of land and continuing lease and licence rights that may exist.
Your notes should:
• Compare and contrast between legal and equitable interests in land.
• Differentiate between personal and proprietary interests.
• Explain different types of licences and ownership.
• Explain the meaning of proprietary estoppel.
• Analyse the conditions for its creation.
• Examine available remedies.

Task 2

Saskia is the registered freehold owner of a large estate which includes the Manor House, which is her home, Rose Cottage which she has been leasing to Naseem for the last three years and East field which is being occupied by Terrence who runs a fishing club. She used to also own West field which she sold some years ago to Tina who gained planning permission to build on the land and now lives there.

a) Rose Cottage is set in its own garden. There are no easements. Saskia gave Naseem permission to keep his motorbike outside the garden of the property on Manor House land that is not part of the lease. After an argument, Saskia told Naseem that he is no longer allowed to park his bike on the land.

b) East Field has been occupied and developed by Terrence as a fishing centre since 2005. He has improved the river bank, planted hedgerows and trees and has recently erected a small wooden lodge which he runs as a cafe and fishing supplies shop_ He has started charging for entry to the field. Saskia owns the land and the fishing rights. Terrence has occupied the and for some years at no inconvenience to Saskia and she has allowed this. Her son has encouraged her to evict Terrence from the land.

c) West Field was sold two years ago to Tina for her to build a house. As part of the sale, Saskia made and registered a covenant that allowed Tina to erect one, single story property on the land and use it for residential purposes only. Saskia covenanted that she would keep dry stone wall between the Manor House garden and West Field in good repair. Now Tina has decided to build a second storey on her house and an extension to open a tearoom to which Saskia objects. In addition, Saskia has allowed the wall to fall into disrepair. If she can't build, Tina is considering selling the property.
You are required to consider:
• Naseem's right to park on the land outside the cottage garden
• Terrence's rights to remain on the land and Saskia's rights in relation to the land.
• The rights that exist to enforce the covenant in place relating to the West Field building and the boundary wall now and in the event of Tina selling the property.
Your notes should:
• Explain the rules for creation and acquisition of legal and equitable easements.
• Distinguish between negative and positive easements.
• Explain how easements are extinguished.
• Distinguish between positive and restrictive covenants.
• Explain how the benefit and burden run in law and in equity.
• Explain how freehold covenants are discharged or modified.
• Explain how adverse possession is established.
• Illustrate registered owners' protection against adverse possession under the LRA 2002.
• Illustrate the advantages of registered proprietor in the context of adverse possession.

Unit Tort Law
Level 5

Assignment

You are employed in a London law firm. Your client is Mr Usain Smith. Over the last couple of months things have not gone well for him and a number of serious events have taken place, for which he needs legal advice. He has sent you a letter explaining the range of problems and you need to prepare for a forthcoming meeting with Mr Smith.
In preparation for the meeting make detailed structured notes using relevant cases and statutory provisions, where needed.
Lisa in's letter Dear Sir/Madam
I own and run a laundrette in South London. Until recently I had three employees: Amber, Gordon and Delphine, who were new to the job and employed for only five weeks.
Being relatively inexperienced. Delphine overloaded one of the dry-cleaning machines with garments and instead of filling it with a solution for dry cleaning fabrics, she filled it with a solution we use for maintaining and cleaning the machine_ This caused a fire in the laundrette_
I immediately called the local fire brigade and managed to get Ella, a customer in the laundrette at the time, Delphine and Gordon, out of the laundrette Gordon was uninjured but Delphine suffered second-degree burns. Ella had minor burns on her feet.
Amber was still inside the laundrette and in order to rescue her. I went back inside through the flames. Gordon saw me taking this action and had a severe psychological shock and collapsed at the scene.
Mikella. another customer, was on her way to the laundrette and, having also witnessed me going into the laundrette to rescue Amber, suffered a nervous shock.
The fire brigade attended the scene 20 minutes after I made the phone call but did not have the correct length of water hose and was unable to extinguish the fire. However, they managed to rescue Amber and I from the laundrette.
The fire caused significant damage. It destroyed all the garments in the laundrette belonging to different customers, all the equipment and the interior of the premises was blackened with smoke damage.
Delphine was taken to the local hospital for emergency treatment. The doctor that attended to her was recently qualified and due to inexperience, administered the wrong treatment. This caused Delphine's condition to deteriorate and she suffered cardiac arrest and died.
Delphine's husband Fred was devastated by her death. On leaving the hospital, he saw me and in anger punched me in the face. breaking my nose.
In addition to these problems I then received a letter signed by the owners of the other businesses in the same street as the laundrette. They stated that the state of the laundrette is a disturbing sight; that it had affected their trade and unless I took immediate steps to

repair it and compensate them for their loss, they were going to bring a claim against me. One of the neighbouring shops, the printing office of a local newspaper, published an article in yesterday's edition of the paper, blaming me for the accident. The headline of the article read:
"This is what happens when incompetent people operate a business"
The article was accompanied by a photograph of the fire damaged laundrette and me. I am devastated and need your advice.
Tasks
1. In preparation for the meeting with Mr Smith using relevant case law and statutory provisions, you need to produce a file of notes. In the file you must:
• Analyse the aims of tortious liability
• Analyse main examples of torts, their essential components, defences and remedies
• Appraise the rules for prevention of harassment and intentional harms
2. From Mr Smith's letter you are clear that he showed a duty of care to his staff and customers.
• Assess when a duty of care will be imposed
• Assess the consequences of third parties' interventions
• Illustrate circumstances when psychiatric harm can be compensated

• Analyse the factors that may render damages 'too remote'
• Analyse the policy reasons behind limitations of recovery for psychiatric harms

• Assess the application of public policy in limiting the scope of duty of care 2D1

3. Mr Smith is also concerned about his liability. In your file notes you need to:

• Distinguish between primary and vicarious liability
• Explain employers duties to provide safe system and place of work

• Examine occupiers' duties to visitors and non-visitors
4. In order to address the issues posed by local businesses and the article in the local paper you need to:
• Distinguish between private and public nuisance claims
• Compare and contrast effective and ineffective defences
• Appraise the rule in Rylands v Fletcher
• Define libel and slander
• Assess the conditions for a claim in defamation
• Evaluate the utility of available remedies

Tasks
1. In preparation for the meeting with Mr Smith using relevant case law and statutory provisions, you need to produce a file of notes. In the file you must:
• Analyse the aims of tortious liability
• Analyse main examples of torts, their essential components, defences and remedies
• Appraise the rules for prevention of harassment and intentional harms
2. From Mr Smith's letter you are clear that he showed a duty of care to his staff and customers.
• Assess when a duty of care will be imposed
• Assess the consequences of third parties' interventions
• Illustrate circumstances when psychiatric harm can be compensated

3. Mr Smith is also concerned about his liability. In your file notes you need to:

• Distinguish between primary and vicarious liability
• Explain employers duties to provide safe system and place of work

• Examine occupiers' duties to visitors and non-visitors

4. In order to address the issues posed by local businesses and the article in the local paper you need to:
• Distinguish between private and public nuisance claims
• Compare and contrast effective and ineffective defences
• Appraise the rule in Rylands v Fletcher
• Define libel and slander
• Assess the conditions for a claim in defamation
• Evaluate the utility of available remedies

Attachment:- Unit Tasks.rar