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Dec 06, 2024

Question A (30 marks). Word Limit: 500 words

The aim of this question is to test your research, paraphrasing, and referencing skills.

Using the SOAS library website, find an article titled ‘The Importance of Possession in the Common Law Tradition’ by Sukhninder Panesar. It was published in the Coventry Law Journal in 2003.

In 500 words or fewer, provide a summary of the article.

  1. Your summary must state, in your own words, the main argument of the article.
  2. Include one direct quote of 1 line and one direct quote of more than three lines, both of which must be relevant and properly embedded in your answer. Please refer to the OSCOLA guide for embedding quotes.
  3. Provide proper footnotes to your answer, referencing the page numbers in the journal article (i.e., the PDF version of the article), not the website where you found it.
  4. Include a full bibliographic reference at the end of your answer.

Question B (30 marks)

This question tests your ability to find cases, compare them, and express their reasoning in your own words.

Part 1 (15 marks, Word Limit: 250 words)

Using Westlaw, find the 2018 Supreme Court decision Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd.

In 250 words or fewer:

  1. Provide a summary of the facts, the decision, and the reasoning of the majority in the case.
  2. Include one direct long quotation (more than three lines). Refer to the OSCOLA guide for embedding quotes.
  3. Provide proper footnotes referencing the reported judgment (PDF version of the judgment) and not a website.

Part 2 (15 marks, Word Limit: 250 words)

Using Westlaw, find the Court of Appeal decision in the same case.

In 250 words or fewer:

  1. Summarize the Court of Appeal’s decision and explain why you think the judge in the Supreme Court dissented on the appeal.
  2. Include one direct short quote (of 1 line), properly embedded following the OSCOLA guide.
  3. Provide proper footnotes referencing the reported judgment (PDF version) and not a website.

Include a bibliographic reference for the entire answer at the end of Part 2.

Question C (40 marks)

Provide an outline of your answers to the following questions. Your outline should summarize the main argument, structure, and the authorities (case law, statutes, or scholarly opinions) you intend to rely on. Referencing with footnotes is not required.

Part (a) (250 words)

Adil owns a small house in Brighton, inherited from his mother. In 2015, he met Jasbir, who worked as an investment banker in London. They began a relationship, and Jasbir gave up his banking job, taking a pay cut to join a startup in Brighton to be closer to Adil. In 2018, Adil invited Jasbir to move in. Jasbir contributed significantly to household costs and actively maintained the house.

During a dinner party, Adil remarked that “all that is mine is Jasbir’s,” which encouraged Jasbir to invest further in the property, including hiring a landscape artist to improve the backyard. While Adil initially opposed the landscaping, he later enjoyed hosting outdoor dinner parties in the garden.

After Adil’s death, his will left the property to his aunt Malala, who has asked Jasbir to vacate. Advise Jasbir on his legal position.

Part (b) (250 words)

Critically evaluate the statement: ‘Property is not a thing, but the terms of a relationship expressed through the thing.’

Your outline should:

  1. Explain the conceptual framework of property law as a relational construct.
  2. Critically analyze the implications of this perspective using case law and legal theory.
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