Order Description
Maritime Law
OSCOLA referencing please.
Part A (1800 words)
The new doctrine of fair presentation is kinder to the assured than the previous doctrine of utmost good faith which favoured the insurer. Critically Discuss
Journals;
The Insurance Act 2015: Rebalancing the Interests of
Insurer and Assured Rob Merkin* and Özlem Gürses
Insurance Act guidance 2015 ; http://www.7kbw.co.uk/media/uploaded_files/Guide_to_the_Insurance_Act.pdf
The Duty of Pre-Contractual Disclosure in English Insurance Law: Past and Future – Does the Law Need to be Changed? Laura Reeves page 1 – https://www.southampton.ac.uk/assets/imported/transforms/content-block/UsefulDownloads_Download/258764FA15534B94AF7BBF39BBEC5925/SSLR-Vol-5-Issue-1-(2015).pdf
Part B (1800words)
‘The use of armed guards on board merchant ships does not take place in a legal vacuum. The matter is subject to a scattering of international rules and a meshwork of domestic legal orders, which apply cumulatively and/or consecutively, mainly dependent on the actual locus of the ship. Yet the domestic laws of the flag, coastal or port States or of the State of incorporation of the PMSC often do not contain specific rules on the use of PMSCs.’ Petrig (2013) Critically discuss
Journals:
Anna Petrig , The use of force and firearms by private marine security companies against suspected pirates, 2013
The fight against Maritime Piracy, Page 27 http://oru.diva-portal.org/smash/get/diva2:541787/FULLTEXT02.pdf
Criteria
Can you please keep the introduction short please?
1. Acquire a systematic understanding and critical awareness of current problems and contemporary issues and/or insights into the changing nature of UK and international Maritime Law
2. Develop an ability to offer rigorous and novel solutions to complex problems
Marking criteria
• All main legal issues identified
• Evidence of ability to identify additional legal issues suitable for further research (where appropriate)
• Close and sustained engagement with the question
• Excellent knowledge and understanding of relevant legal principles
• Good grasp of relevant doctrinal / policy problems while still accurately reporting the legal position
• Evidence of ability to recognise and evaluate inconsistencies of legal argumentation / to rank possible outcomes / to formulate some personal perspectives / to offer own reasoned views on unresolved legal disputes (where appropriate)
• Consistent use of relevant and appropriate primary materials
• Evidence of good research from independent study as well as core materials
• Effective incorporation of secondary sources into analysis
• Clear and convincing structure
• Well-substantiated conclusions
• Clear and thorough referencing throughout
• Very good standard of English appropriate to complex / specialist legal matters
• Very good presentation*