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Senior judges regularly warn against the dangers of using metaphor when dealing with key company law issues. Using examples from d


  • Post Date 2018-11-05T10:54:04+00:00
  • Post Category Assignment Requirements

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Senior judges regularly warn against the dangers of using metaphor when dealing with key company law issues. Using examples from decided cases explore the problems associated with the use of metaphor in this context and reflect on the solutions offered by the judges

There are two pieces of general advice to follow;
a) DO NOT use pre 2006 books unless you are specifically told to read them.
Pre 2006 articles retain their value as they tend to focus on issues and
concepts that remain basic to an understanding of the current law. Sometimes
pre 2006 articles will also be valuable as they explain earlier approaches to
problems and provide a background to more recent reforms. ALWAYS pay
attention to the specific context in which you are using materials. Cases are
different. Many of the concepts central to company law have a long history
and this will be reflected in the dates of the cases recommended for study.
b) Using materials found on the internet has dangers you need to be aware
i. Always make sure that the materials relate to the jurisdiction you are
studying; England and Wales. US company law uses similar terms to
those found in English company law but their meaning can be very
different. If you use US company law to answer a question relating 
FCL 2017-18 Module handbook
Convenor: Professor Leslie J Moran 8
to an English company law problem you will fail to answer the
ii. If you use internet materials in assessments make sure you reference
the source. ‘Cut and paste’ is easy and as such offers a great
temptation when you are under pressure. BUT if you do cut and paste
make sure you use quotation marks “” round the whole text. It is
someone else’s words and that MUST be respected. Passing off other
peoples work as your own is a major assessment offence
Length: 2000 words. This does not include short footnotes.
Footnotes should be used primarily to give details about the
sources you have relied upon to develop and sustain your
 Your essay should include a bibliography of the sources you have
used and referenced in the answer. The word length does not
include the bibliography. For this module I want to see the
materials you have actually used in the development of your
answer in the bibliography. Do NOT pad it out with materials that
you do not refer to in the body of you answer.
- the essay should include the case of Salomon v Salomon Ltd.and at least 1-2 more cases used as examples

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