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What is the necessary (a) actus reus and (b) mens rea to establish guilt of murder?

The answer we are looking for here is : (a) the unlawful killing of another human and (b) malice afterthought. Criminal law always requires two elements in order to find an individual (D) guilty of a crime :...
Answered by • Law tutor
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A claimant must prove that a duty of care is owed using the three-part test set out in the case of Caparo v Dickman. Briefly explain the first part of the test.

The first part of the test in Caparo v Dickman states that a defendant is liable if loss to someone in the claimant’s position was a reasonably foreseeable consequence of the defendant's conduct. The test of...
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Answered by Nafeesa B. • Law tutor
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Explain the meaning of ratio decidendi in the doctrine of precedent. Illustrate your answer by reference to a relevant civil law or criminal law case.

The doctrine of precedent stipulates that, unless they clash with statute, decisions of the highest court with respect to a specific legal matter, are bound upon lower courts, as well as the courts in which ...
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Answered by Manos D. • Law tutor
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What is the difference between an offer and an invitation to treat

An offer may be defined as a statement showing a desire to contract on certain terms and to be legally bound by those terms. On the other hand, an invitation to treat is only inviting the party to make an of...
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Answered by Naoise W. • Law tutor
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What constitutes a criminal offence?

Two elements are necessary in order for a defendant to be found guilty of committing a criminal offence. They are the A ctus Reus and Mens Rea. Actus reus translates to 'guilty act', it is the action of the ...
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Answered by Declan M. • Law tutor
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