Monday, 19 December 2016

Employment And Equality HR Assignment Topics & Ideas

We have put togther a list of 10 assignment topics and ideas on employment and equality HR for you. Please feel free to use these topics to aid you in your HR studies.

Example Assignment Topics & Ideas

1. Agency workers have created a significant and controversial problem in employment HR. A discussion on the development of an agency worker's legal status and employment rights

This assignment topic will explore whether the Agency Worker Regulations 2010 satisfactorily deal with the protections that are to be afforded to agency worker. The problem is that the use of the agency worker has created another layer on who is an employee, which has traditionally enabled to use agency workers to avoid employment legislation. One could argue in the light of Franks v Reuters Limited and another [2003] IRLR 423 and Dacas v Brook Street [2004] EWCA Civ 217 this is no longer the case. However, the reality is that these formulations are only applied in limited circumstances, so an examination in this area could bring some insightful recommendations.

2. Does the Beescroft Report a conducive set of recommendations, which protects employees whilst enabling flexibility in the workforce.

This report will be examined in the light of current employment and case HR, in order to determine the feasibility of the recommendations. Two of the core issues that will be explored are the legal issues surrounding: 1) the right to fire on the spot; and 2) the extension of the unfair dismissal protections to two years.

3. Is the legal application of “range of reasonable responses” test in unfair dismissal cases satisfactory?

This assignment topic will explore the issues surrounding unfairness under s. 98 of the Employment Rights Act 1996 (ERA 1996). It is recognised that unfairness is a difficult concept to define, which has not been clarified by s. 98. The result of this is the case of Iceland v Frozen Foods Ltd v Jones [1983] ICR 17 remains a defining part of what is a reasonable excuse and what is not. Thus, the following examination would explore, through a case HR review, whether the current approach to s. 98 is effective and whether reform is required.

4. To what extent is the HR surrounding “restrictive covenants” and garden leave fit for purpose?

This assignment topic will explore the nature of restrictive covenants and garden leave in English employment HR. The issue of reasonableness is an important element of this discussion, which means the case of Littlewoods Organisation v Harris [1977] 1 WLR 1472 CA will be explored. The contractual application of reasonableness in English HR can be compared with the US model, which gives a broader set of rights to the employer. This will ensure there is a full and frank examination.

5. Should the US ability to “fire at will” be imported into English Employment HR?

This is another topic that stems from the Beescroft Report, but it will be taken from a comparative review. The US model has different models of employment protections, but essentially it is a contractual approach. This means the “fire at will” is allowable with contract that does not restrict this power; albeit one could argue the misuse of sham agreements (i.e. agency/freelancers) already enables this approach in the UK.

6. The TUPE Process, in the light of the Beescroft Report, has been condemned as being too overbearing on certain employers (i.e. agency takeovers). Does the TUPE process need to be reformed to protect the lowest paid of large companies; however allow more flexibility at the higher rungs of organisations?

This assignment topic will explore the contradictions in TUPE, especially with regards to relevant transfers (Suzen [1997] IRLR 225, Betts v Brintel Helicopters [1997] IRLR 361) and determine if the purpose of TUPE has been eroded by the ECJ's desire for uniformity (Spijkers [1986] ECR 1119). Thus, it will be put forward that the purpose and application of the case HR has become significantly disjointed, which means a re-evaluation is necessary.

7. In the light of the current Public Sector Redundancies is the Consultation Process failing to ensure that there is a fair approach to “cuts”, because front line services are the targets and not the overburdening middle and upper managers.

This assignment topic will explore redundancy consultation processes, in order to determine if they really protect the most vulnerable employees. The case study of current public sector cuts illustrates the issues, because the argument was that front line services would not be affected. But, the indications are this is exactly where the cuts were, which preserved the middle and upper management. This raises the question is whether there should be the legal use of auditors to ensure that cuts are fair.

8. Do the Flexibility Working (Procedural) Regulations 2002 provide a fair response to working parents and carers in the 21st Century?

This assignment topic will explore whether the 2002 Regulations really bring equality to genders in the 21st Century, because a predominant number of carers are women. This examination will consider the Equality Act 2010 to determine if it adds any additional protections; as well as identify if there is a trend to lesser protections in the light of the Beescroft Report.

9. To what extent has the Equality Act 2010 improved the rights of the disabled?

This assignment topic will explore the development of the Equality Act 2010, especially its response to the case of London Borough of Lewisham v Malcolm [2008] UKHL 43. Thus, the purpose is to examine if there are more substantive rights for the disabled in all areas of their life from public services to employment; as well as identify “room for improvement”.

10. To what extent has the Equality Act 2010 provided an uneven approach to religious and freedom of conscience under its auspices?


This assignment topic will explore the discord in the Equality Act 2010, because there is a requirement for all organisations to ensure there is equality for individuals in this area. The problem that arises is that some religious organisations are exempt from these equality requirements, which includes links to education facilities. Therefore, the basis of this examination will be whether this exemption is fit for purpose in the 21st Century?

Contract And Comparative HR Assignment Topics & Ideas

We have listed for you below 10 assignment topics and ideas on contract and comparative HR. Please feel free to use this information to point you in the right direction.

1. Does Consideration have a place in 21st Century Contract HR? An examination of whether Consideration should be replaced with a much more adequate concept of Contractual Intention:

This assignment topic will explore consideration from Stilk v Myrick (1809) 2 Camp 317 to Williams v Roffrey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1. The purpose of this exploration is to determine the effectiveness of consideration, drawing upon the civil HR system of pacta sunta servanda and the Principles of European Contract HR (PECL). It will then consider the concept of intention in English HR tracing the development from Balfour v Balfour [1919] 2 KB 571 to determine if a more sufficient concept of intention will be more appropriate for 21st Century Contract HR.

2. Is the concept of Agency in English contract HR sufficient for the growing globalisation of commercial transactions?

Agency in English contract HR is a significantly complex subject, which makes it difficult to reconcile with the Commercial Agents (Council Directive) Regulations 1993. This is due to the Regulations being based upon the civil HR regimes of Germany and France. One of the main obstacles is how the contractual exception works, because a contract of agency can be implied through the parties' relationship (The Ocean Frost [1986] AC 717). Thus, this raises the question if the concept of apparent authority, as identified in Bedford Insurance Co Ltd v Instituto de Resseguros de Brasil [1984] 3 All ER 766, has a place in contract HR. This is especially as such implied agency contracts are alien with the civil HR system.

3. Should the privity of contract rule be reformed, in order to allow the third party to sue on a contract in their benefit?

This assignment topic will explore the sufficiency of the Contracts (Rights of Third Parties) Act 1999. There has been the limitation of the privity rule developed by the Tweddle v Atkinson (1861) 1 B & S 393 through this Act. Under s. 1(3) of the Act identify an expressly named third party or third party group will be able to enforce a contract; however is this enough? The main issue is the consumer rarely engages in specially negotiated contracts, which illustrates the insufficiency of the Act. However, the cases of Nisshan Shipping Co Ltd v Cleaves & Co Ltd [2003] EWHC 2602 and Lanenthong Lines Co Ltdv Artis 2005] EWCA Civ 519 have imputed third parties right to sue through a wide interpretation of intention. Thus, should this wide approach become the norm?

4. Is the English Courts' focus on Contractual Certainty has meant that Predictability has stymied the growth of ensuring Fairness in Contract HR?

This assignment topic will explore the distinction between the court's application on commercial and personal contracts (especially in the case of familial relationships). Thus, it will identify that “fairness” has a greater impact on husband and wife contracts, which can be seen in Barclays Bank plc v O'Brien [1994] 1 AC 180 and Yorkshire Bank v Tinsley [2004] EWCA Civ 816. However, the role of fairness is significantly limited in commercial transactions, which can be seen in the case of Lobb (Alec) (Garages) Ltd v Total Oil (GB) [1985] 1 WLR 173. Thus, this examination will explore whether the nature of the relationship is sufficient to allow a flexible concept of fairness to be applied, or should there be consistency?

5. To what extent does Contract HR effectively deal with Unconscionable Exclusion Clauses?

This assignment topic will explore the evolution of judicial intervention in respect to the validity of exclusion clauses, stemming from Parker v South Eastern Railway (1877) 2 CPD 416 to the introduction of the Unfair Contract Terms Act 1977. The Act brought forth the concept of reasonableness, which meant that exclusion clauses can be struck out if deemed unreasonable. But, there are still limitations as identified in the cases of Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1989] QB 433. But, the recent case of Röhlig (UK) Ltd v. Rock Unique Limited [2011] EWCA Civ 18 indicates a broader application, which raises the question whether there should be a new direction taken with respect to unconscionable exclusion clauses.

6. Is the role of Innominate Terms and Judicial Flexibility in the interpretation of these terms essential?

The role of innominate terms is an important development in English contract HR, because it identifies a flexible approach to determining contractual intention whilst forcing flexibility to allow pre-contractual negotiations to be considered. This model places a balancing effect on the stringent parole evidence rule. Thus, the role of the innominate term can impute prior knowledge into the contract (Ashington Piggeries v Christopher Hill Ltd [1972] AC 441). On this basis, the topic of innominate terms can create an interesting and insightful discussion of contract HR's flexibility; whereby the role of the innominate term can create a new set of protections for the contractual parties.

7. Is the English adamant retention of Damages as the primary Remedy for Breach of Contract fit for purpose?

This assignment topic explores the remedial approaches of the English jurisdiction compared with the US, Europe and the CISG (Vienna Convention on the International Sale of Goods 1980). In many jurisdictions the claimant has the right to choose the preferred remedy for breach of contract; whereas English HR is centred on Hadley v Baxendale (1854) 9 Exch 341 damages. Thus, this raises questions on the effectiveness of the English model, especially as contracts are becoming more complex. Therefore, a comparative discussion of contractual remedies provides a topic that is both current and engages the reader.

8. Should Judicial Conservatism over Specific Performance be reconsidered in English HR, as the CISG and PECL provide this a “real” Remedial choice?

This assignment topic explores the conservatism of English HR with regards to specific performance, which only applies this remedy in exceptional circumstances (Wilson v Northampton and Banbury Junction Railway Co (1874) 9 Ch App 279). The consequence of this is that the contracting parties are limited to damages when considered adequate (Phillips v Lamdin [1949] 2 KB 33). However, there are cases that indicate a relaxation in the application of specific performance, which can be seen in the case of Laemthong Lines Co Ltd v Artis (The Laemthong Glory) (No 2) [2005] EWCA 519. The widening of specific performance may be motivated by the internationalisation of contract HR; therefore the English relaxation of specific performance will be compared with pro-specific performance jurisdictions (such as the USA).

9. Should the concept of Good Faith become a part of English Contract HR?

This assignment topic explores the refusal of English HR to accept the concept of good faith, which seems out of sync with international trends. The good faith principles is inherent in civil HR contract systems, due to the concept of pacta sunt servanda, but there are also trends across common HR countries (i.e. Australia, the US and Canada) to import the concept of good faith in contracts. Thus, a comparative examination of the civil and common HR approaches to good faith will be explored, in order to identify whether English HR should import the concept into its jurisprudence. This is especially important as the case of Petromec Inc v Petroleo Brasiliero SA Petrobas (No 3) [2005] EWWA Civ 891 allowed the concept of good faith to be applicable through the backdoor approach of “upgrading” terms.

10. To what extent is the French concept of force majeure eroded in English Contract HR? Does the Canadian “bridging” model provide a better approach to force majeure?


This assignment topic will explore the French concept of force majeure to determine how it is implemented in English contract HR. The case of Davis Contractors v Fareham UDC [1956] 2 All ER 145 identifies that force majeure events only applies if there is a contractual clause providing for such events. This is significantly different from the French application that allows such events to suspend or nullify the contract. Thus, it is important to explore the differentiation between the French (Civil HR) and English (Common HR) approaches to force majeure to determine their effectiveness (and the extent the English model erodes the French model). These systems will be compared to the Canadian Common HR model that bridges the two systems, as identified in the case of Atlantic Paper Stock Ltd v St Anne-Nackawic Pulp and Paper Co, [1976] 1 SCR 580. Thus, a comparative review of the French, English and Canadian HR approaches to force majeure will be undertaken to identify the most effective approach.

Company & Partnership HR And Environmental HR Assignment Topics & Ideas

Here we have a selection of 10 assignment topics and ideas on company & partnership HR and environmental HR. Please use these topics to help you create your own HR assignment topics.

Example Assignment Topics & Ideas

1. Is the English maintenance of the “internal management” model failing to bring company HR in the 21st Century?

This assignment topic will explore the extent that the internal management model is limiting the effectiveness of English company HR. It will examine two elements of this model: 1) the reluctance of the courts to interfere with the "company contract" (Foss v Harbottle (1843) 2 Hare 461); and 2) the limitations on the minority to challenge the mismanagement of the company (s. 260 Companies Act 2006). Thus, this discussion will explore if the conservative approach of the judiciary, in application of the internal management rule, stymies the shareholder's policing role.

2. Are Outsider Rights effectively protected by the Companies Act 2006?

This assignment topic will explore the various routes that outsiders (such as creditors) are protected from misdeeds of the company and directors. Thus, it will explore creditor and third party rights in the case of solvency and insolvency. This means that protections under ss.170-174 of the Companies Act 2006 will be explored; as well as ss. 216-217 of the Insolvency Act 1986 (First Independent Factors and Finance Ltd v Mountford [2008] EWHC 835 (Ch)). The purpose of this discussion is to determine if outsider rights are effectively protected, which means a comparative case study with US stakeholder legislation in Oregon and DeHRare will also be considered.

3. Should Human Rights Abuses by Subsidiaries and Controlled Supply Chains be sufficient to pierce the Corporate Veil?

This assignment topic will explore of the Companies Act 2006 has implemented an effective model of director's duties (s. 172) and derivative action (s. 260), in order to enable the NGO shareholder to ensure that companies maintain a minimum CSR standard. The research explores the different avenues to veil piercing, especially the potential that s. 172 will enable outsider veil piercing through proxy shareholdership. Therefore it considers the development of company to enable a more empowered shareholder body, as well as the ability for the NGO to use the CA 2006 to hold directors and MNCs liable for bad faith acts.

4. To what extent have director's duties been extended under ss. 170-174 of the Companies Act 2006?

This assignment topic will explore if the extended director duties under ss. 170-174 of the Companies Act 2006 have changes the state of play in English company HR, or if the conservatism of the judiciary has maintained the pre-2006 approach. Thus, it will explore pre- and post-CA 2006 case HR to see if there are more substantive director's duties. An important part of this discussion is an examination of the theories of director's duties (i.e. the shareholder, Enhanced Value Shareholder (ESV) and Stakeholder models), in order to determine the effectiveness of the CA 2006 model.

5. Should the OECD's Model Tax Convention on Income and on Capital 2010 be ratified into UK HR?

The current taxation model is based on a nationalised model, because it is integrally tied to sovereignty. The result of this is the application of tax HR essentially must emanate from the state. This model is being challenged by globalisation, because the growth of multinational companies (MNCs) has developed a challenge to effective and redistributive taxation on a national level. This has given rise to the OECD Model Tax Convention on Income and on Capital 2010, which uses the term permanent establishment under Article 5 to designate the correct place for taxation for the whole unitary model (as opposed to taking each entity separately). It will then consider the different models of Global Apportionment Formulae, which will consider the Federal /State (Provincial) applications in Canada and the US. Thus, This assignment topic will explore if this model is plausible in English taxation HR, which would seem compatible with the traditional application of company domicile through the “command and control” model (De Beers Consolidated Mines Ltd v Howe (1906) 5 TC 198; Wood v Holden [2006] EWCA Civ 26).

6. Has the Limited Liability Partnership Model provided an effective alternative to the Complexity of Incorporation and the Personal Risks associated with Partnership HR?

The development of the LLP has created an alternative to the traditional company model for the sole trader/partnership, which was enabled through theLimited Liability Partnerships Act 2000. This assignment topic will explore if the hybrid model of the LLP is an effective model or if it is only suitable for certain business models. The LLP is prevalent in the construction industry, which indicates that the model is suited for specific ventures. Thus, the following research will centre on the construction industry and the pitfalls of Company and traditional partnership HR, in which the LLP fills an important gap.

7. To what extent has Environmental HR merged together Vicarious and Corporate Liability?

The nature of the “controlling mind” has been developed in recent years within English Environmental HR. The case of Shanks and McEwan (Teeside) Ltd v Environment Agency [1997] Env LR 305 identified that “knowledge” could be imputed through the presence of waste management license. This line of thought has been developed to create the potential for knowledge to be credited through due diligence requirements. Thus, this assignment will consider if the HR should be reformed to create a vicarious liability in all environmental cases for controlling companies, except when due diligence is applied.

8. Are the remedies associated with corporate breaches of Environmental HR sufficient to act as a deterrent?

The difficulties associated with environmental crime penalties are that there is a “white collar” distinction; albeit this assumption fails to understand the true impact of environmental crime. This is identifiable in the use of fines, which have little or no impact on prevention. Thus, the following topic will explore whether a more substantive approach to environmental crime sanctions must be applied; whereby restitution is at the heart of the model for current and future victims, in order to ensure they are adequately compensated. This assignment will argue that in this calculation there must also be an element of “penalty” that also acts as a deterrent; as opposed to the weak penalties that enable a cost-benefit analysis by polluters.

9. Should there be a Comprehensive Right to Launch Class Action Suits against Corporations for Environmental Escape and Negligence in English Environmental HR?

This assignment topic will compare the US and English attitudes to class action suits, because in the area of negligence this action can force companies to act due diligently. It will be put forth that the class action suit, in the US form, is essential to holding companies to account in a number of areas that cross over with the tort of negligence (e.g. environmental pollution, product safety…). Therefore, the comparative approach will not only consider the impact on the HR of tort, but also the ability for the US-style class action suit to allow effective sanctions to deter polluting acts.

10. Should the Right to Environmental Quality be incorporated into the European Convention of Human Rights, in order to Effectively Enable Public Interest Litigation?


Principle 10 of the Rio Declaration 1992 identifies that participation of concerned citizens is essential to environmental justice. This principle could be developed to impute that there should be a substantive system and access to environmental justice. In order for this system to be effectively developed there should be a right to environmental quality. The problem is that the European Court of Human Rights (ECtHR) has rejected this extension in a number of cases (i.e. Budayeva & Others v Russia (2008) 20th March 2008; Oneryildiz v Turkey (2005) 41 EHRR 20; and Leon Agnieszak Kania v Poland (2009) 21st July 2009). The ECtHR has categorically refused to extend an explicit right to a clean and quiet environment under Article 8, which means there is a systemic failure to provide Environmental Justice. This approach is interesting as there is a right to Environmental Quality in the US, Canada and India, which has enabled public interest litigation. Therefore, the following assignment will analyse the approach taken by the ECtHR, and consider if it is fit for environmental HR in the 21st Century.

Civil Litigation HR Assignment Topic Examples

1. It has been said that the HR adopts an overly restrictive approach in awarding damages for negligently inflicted psychiatric injury.

The development of the HR on damages for psychiatric harm has attracted potent criticism which tends to focus upon its piecemeal and patchwork nature. The court has also struggled to deal with the idea that mental trauma is less serious than physical harm. Consequently, legal development has been rather stagnant for some time. This study will examine the HR's approach to awarding damages for psychiatric injury, highlighting its clear attempts to prevent frivolous claims from succeeding. An array of mechanisms have been devised to restrict the types of claims that are able to succeed, yet is this approach too strict? How have policy considerations and floodgates concerns restricted the HR in this area and is reform necessary?

Suggested Reading

  • Harpwood, VH 2009. Modern Tort HR, 7th edn, London: Routledge-Cavendish.
  • HR Commission 1995. Consultation Paper, 'Liability for Psychiatric Illness', HR Comm No 137.
  • Mullany, NJ and Handford, PR 1993. Tort Liability for Psychiatric Damage, London: HR Book Co Ltd.
  • Teff, H 1998. 'Liability for Psychiatric Illness: Advancing Cautiously', Modern HR Review, vol. 61, no. 849.

2. Explore the HR's approach to liability for pure economic loss in construction contracts.

Although the design and build method is commonly used in the UK construction industry, the extent to which tortious liability is owed by design and build contractors towards project owners to not cause pure economic loss is not clearly addressed through case HR decisions. This study will explore the pitfalls in decisions pertaining to this issue and attempt to propose reforms and improvements to the HR in order to ease such problems. The problem has indeed been addressed; some suggesting that perhaps a more liberal approach is necessary. Yet others contend that the restrictive approach is vital. Conflicting views will be explored and tested in a bid to determine which is the most appropriate for clarifying ambiguities in the HR as it currently stands.

3. 'It may very well be that proprietary estoppel will not often assist a claimant in the commercial context, but that is probably all to the good... judges should be slow to encourage the introduction of uncertainties based on their views of the ethical acceptability of the behaviour of one of the parties.' Lord Neuberger, 'The Stuffing of Minerva's Owl? Taxonomy and Taxidermy in Equity' [2009] CLJ 537. Critically examine this view with reference to proprietary estoppel claims in relation to land.

Lord Neuberger's view on claims for proprietary estoppel for land can be divided into two main issues. He firstly identifies that claimants in commercial situations are seldom able to make successful claims for proprietary estoppel; this is demonstrated in many judicial decision though it is most prominent in the case of Thorner v Major (2009). This particular decision, which will be given closer attention in this study, establishes that Lord Neuberger's statement is accurate as a result of the flexible, case-by-case approach adopted by the courts towards claims of proprietary estoppel. Lord Neuberger also recognises that the courts should not decide proprietary estoppel cases by reference to their view of the ethical merits of the parties' behaviour. This relates both to proprietary estoppel claims and contemplations of 'unconscionable behaviour'. This study will critically explore these two core themes, applying them to case HR decisions and evaluating their accuracy in light of the HR's stance on proprietary estoppel.

Suggested Reading

  • Neuberger, L 2009. 'The Stuffing of Minerva's Owl? Taxonomy and Taxidermy in Equity', Cambridge HR Journals, vol. 68, no. 3.
  • Dixon, M 2010. Modern Land HR, 7th Edition, London: Routledge-Cavendish.
  • Halliwell, M 2006. 'Estoppel: Unconscionability as a Cause of Action', Legal Studies, vol. 14, no. 1.
  • Smith, RJ 2011. Property HR, 7th edn, New York: Longman.

4. What are the strengths and weaknesses of promissory theories of liability in explaining and justifying the nature of contractual obligations?

While most studies on contractual topics focus upon specific or practical issues, there exists a considerable degree of literature which theoretically questions why contract HR binds us. This study will examine the more profound issue pertaining to the underlying rationales and concepts of the contract and contract HR. Contract HR is often placed within the realm of morality, mostly due to the fact that it concerns the keeping of promises. Yet has the harshness of modern day agreements caused promissory theories of contract to decrease in importance? Has the moral basis of contract HR given way to the cutthroat nature of business transactions and the resulting need to objectively assess the intentions of the parties? These issues will be explored in this theoretical approach to contract HR which seeks to explain the nature of contractual obligations.

Suggested Reading

  • Atiyah, PS 1986. Essays on Contract, New York: Oxford University Press.
  • Chen-Wishart, M 2008. Contract HR, 2nd edn, New York: Oxford University Press.
  • Fried, C 1981. Contract as Promise, Harvard: Harvard University Press.
  • Kimel, D 2005. From Promise to Contract, Oxford: Hart Publishing.
  • Smith, S 2004. Contract Theory, Oxford: Oxford University Press.

5. What is your understanding of the doctrine of utmost good faith? Should it be left to persist or should it be replaced?

The doctrine of utmost good faith is a controversial yet significant topic, not only due to its importance in HR, but also due to its relevance to the traditional concept of freedom of contract which is still evident in the HR today. The initial principle of good faith which had emerged as early as the eighteenth century has lost rigour as modern contracts have introduced the need to accommodate alternative intentions. This study will examine how the HR has changed in relation to the principle of utmost good faith. Elements that threaten or erode its existence will be described as well as elements which demonstrate its lingering existence. It will ultimately be demonstrated that the doctrine is indeed hugely different from its original state, and that its gradual demise is a result of the use of the term 'utmost' in the Maritime Insurance Act 1906. Its altered scope will be examined in light of modern decisions in order to determine whether it has resulted in unjust decisions or realistic accounts of modern day transactions.

Suggested Reading

  • Atiyah, PS & Smith, S 2006. Atiyah's Introduction to the HR of Contract, 6th edn, London: Oxford University Press.
  • Beatson, J & Friedman, D 1995. Good Faith and Fault in Contract HR, New York: Oxford University Press.
  • Brownsword, R 2000. Contract HR, Themes for the twenty–first century, 1st edn, London: Reed Elsevier.
  • Mckendrick, E 2009. Contract HR, 8th edn, London: Palgrave Macmillan.

6. Is the current state of the HR satisfactory in the way it deals with the right to claim in tort and contract for pure economic losses resulting from negligent statements prior to a professional services contract being formed?

The variety of available claims for misrepresentation both in tort and in contract HR has the potential to provoke many to form the opinion that damages are far too easily recoverable and that types of damages overlap and contradict one another. The gradual shift from restrictive fraudulent misrepresentation towards more contemporary types of misrepresentation has proven to be an important advancement in both tort and contract HR. This study will explore and compare the HR's stance on the right to claim for economic losses arising from negligent statements. Damages for negligent misrepresentation are particularly prominent, yet how has the HR developed since landmark cases such as Hedley-Byrne? Is the HR's stance on damages for misrepresentation satisfactory or unnecessarily contradictory? This study will examine such queries and ultimately demonstrate that the existing forms of misrepresentation are distinct, complementary and rational.

Suggested Reading

  • Atiyah, PS 1967. 'Negligence and Economic Loss', HR Quarterly Review, vol. 83, no. 248.
  • Bussani, M & Palmer, VV 2003. Pure Economic Loss in Europe, Cambridge: Cambridge University Press.
  • Cartwright, J 2007. Misrepresentation, Mistake and Non-Disclosure, London: Sweet & Maxwell.
  • McKendrick, E 2010. Contract HR: Text, Cases, and Materials, 4th edn, New York: Oxford University Press.

7. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in HR, is your neighbour? The answer seems to be - persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question... Per Atkin L., in Donoghue v. Stevenson (1932) AC 562. Critically evaluate the neighbour principle as defined in the above statement.

The landmark decision of Donoghue v Stevenson was intriguingly not the first case to establish the need for a general standard in relation to negligence in tort. Decisions prior to Donoghue pursued a definition of categories of foreseeability to establish liability for negligence. This primitive concept of negligence was developed into the principle that a duty of care should exist between the claimant and the defendant. This study will critically examine the HR's approach to and definition of duty of care, particularly in terms of how such a duty is established. Which criteria serve to establish a duty of care and which function to negate it? The requirements of proximity, foreseeability and policy considerations will be examined in an attempt to determine where the boundaries of the duty of care lie and whether they need to be altered.

Suggested Reading

  • Heuston, RF.V 1957. 'Donoghue and Stevenson in Retrospect', Modern HR Review, vol. 20, no. 1.
  • Horsey, K & Rackley, E 2009. Tort HR, New York: Oxford University Press.
  • Ibbetson, DJ 1999. A Historical Introduction to the HR of Obligations, New York: Oxford University Press.

8. Claims in contract and tort for personal injury from defective goods.

This study critically evaluates the potential claims in contract and tort which are available to consumers who suffer personal injury caused by defective goods. There are three main potential claims which may arise in contract, the tort of negligence or the Consumer Protection Act 1987. The scope and approach of statutes such as the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982 and the Unfair Contract Terms Act 1977 will be examined in light of case HR decisions. The three claims will be compared and evaluated in a bid to determine which is the most suitable for certain types of claims. It will ultimately be concluded that the HR on liability for injury caused by defective goods provides sufficient protection and redress for consumers. It is, however complicated, yet are such complications necessary or can they be eased?

Suggested Reading

  • HRs, W, Price, F, Revenko, H, Rutter, R & Smith, A 2010. Agreements, Rights and Responsibilities, Manual 1, 12th edn, Oxford: Oxford University Press.
  • Poole, J 2010. Contract HR, 10th edn, New York: Oxford University Press.
  • Murphy, J 2007. Street on Torts, 12th edn, New York: Oxford University Press.

9. Discuss the limited circumstances in which a duty of care might be imposed on a defendant for an omission, (rather than a positive act), in the context of a Negligence action, explaining why the court is often reluctant to impose a duty for an omission.

UK HR generally does not impose a duty for failing to act, regardless of whether another suffers loss or injury as a result. This is grounded in the principle that there is no liability for pure omissions: we are not expected to owe others a duty to take positive action in order to prevent harm. This study will examine situations in which duties are imposed for omissions; they are indeed special and limited circumstances, yet they nonetheless exist. The courts' approach to exceptions to the general omission rule will be critically analysed in a bid to determine whether they adopt a restrictive or expansive approach to the concept. Is the HR in need of reform and do problem areas exist? It will ultimately be concluded that the courts have gradually moved away from imposing a duty of care for omissions, yet that this shift can be convincingly justified.

Suggested Reading

  • Cooke, J 2009. HR of Tort, London: Pearson.
  • Horsey, K & Rackley, E 2011. Tort HR, 2nd edn, New York: Oxford University Press.

10. Critically explore the features of product liability in the UK and the US and compare how each legal system approaches the concept with reference to prominent case HR.

h3

American product liability HR is littered with historical cases such as the McDonald's Coffee case and the American Pants Case which demonstrate the excessive and controversial nature of product liability in the US. Yet for the US, such cases are not historical; they are yet few among many examples of the frivolous nature and unnecessarily wasted resources of the judicial system. The UK notably lacks such prominent cases, which are indeed few and far between. Yet which system is more suited to the underlying principles of product liability? This study will critically examine the approaches of UK and US HR towards product liability in terms of its principles, concepts and rationales. It will ultimately be proposed that product liability in the US is a far cry from its less radical UK counterpart. The US system displays the need for limitations to be placed on product liability rules and mechanisms; this study will attempt to apply the UK's approach to that of the US in a bid to exclude frivolous and unnecessary claims.

Suggested Reading

  • Greenlee, KB 1995. 'Kramer v. JavaWorld: Images, Issues, and Idols in the Debate over Tort Reform', Cap University HR Review, vol. 26, no. 701.
  • Nader, R & Smith, WJ 1996. No Contest: Corporate HRyers and the Perversion of Justice in America, New York: Random House Inc.

11. Critically evaluate the HR on damages for psychiatric harm.

This paper will explore the HR on damages for psychiatric harm with particular focus on employees. It is commonly accepted that psychiatric harm poses a particular problem for damages, as most forms of psychiatric harm are difficult to evaluate or prove. How has the HR dealt with such problems and is its stance satisfactory or problematic? In the context of employer's liability for negligence, there exists a particular conflict between justly compensating employees and the aptly recognising psychiatric harm. The courts have evidently struggled to ease this conflict. Yet which factors do they consider in such cases and what role do policy considerations play? This study will examine these important issues and examine how the HR and the courts seek to exclude frivolous claims in the workplace.

Suggested Reading


  • Barker, K 1993. 'Unreliable Assumptions in the Modern HR of Negligence', HR Quarterly Review, vol. 109, no. 461.
  • Mullany, NJ & Handford, PR 1993. Tort Liability for Psychiatric Damage, Sydney: The HR Book Co.
  • Napier, M & Wheat, K 1995. Recovering Damages for Psychiatric Injury, London: Blackstone Press.

Commercial HR Assignment Topic Examples

1. Anti-Corruption Legislation In The UK: Its Successes And Failures.

A central reason for the rise in corruption in the UK over the past years has been the failure of the government to incorporate regional and international anti-corruption conventions adequately into national legislation. Research suggests that UK companies ascribe to the longstanding tradition of paying bribes. Brides are generally used to supersede national HRs and regulations that may be a hindrance for them. Over the years, the response to anti-bribery HRs in the UK has been critical due to their complex and ambiguous nature. This study will critically examine UK anti-bribery HRs in an attempt to locate problem areas and suggest improvements and reforms. Problems concerning the definition of 'agent' and 'corruption', as well as the discrepancy between the private and public sector will be focused upon, as well as others. Has the Bribery Act eased problems surrounding previous HR or has the situation simply been re-codified?

Suggested Reading

  • Johnstone, P & Brown, G 2004. 'International Controls of Corruption: Recent Responses from the USA and the UK', Journal of Financial Crime, vol. 11, no. 3.
  • Engle, E 2010. 'I Get by with a Little Help from My Friends? Understanding the UK Anti-Bribery Statute, by Reference to the OECD Convention, and the Foreign Corrupt
  • Practices Act', International HRyer, vol. 44, no. 3.
  • Hawley, S 2003. Turning a Blind Eye: Corruption and the UK Export Credits Guarantee Department, Dorset: Corner House.

2. Consider The Circumstances Under Which The Corporate Veil Can Be Lifted And Analyse How Effective The HR Is In Piercing The Veil When Necessary.

The landmark case of Salomon v Salmon & Co Ltd (1897) requires little description: it is instead suitable to state that from the decision arose the concept of separate corporate personality. The decision of Salomon introduced a variety of new consequences, and the scope and application of the then Companies Act 1862 was properly clarified for the first time. Perhaps most importantly, the House of Lords entrenched the notion that the company exists as a separate personality from its members. Yet, as is usually the case with any far-reaching principle, the courts have been faced with situations in which exceptions to the rule had to be devised. The lifting of the veil has been developed as a practice when it is apparent or suspected that the company veil is being abused or used to conceal fraudulent activities. Yet when will the courts lift the veil and when will they not? This study will examine this issue and attempt to establish general principles in relation to the lifting of the corporate veil. It will be demonstrated that the uncertainty caused by the courts ascription to flexibility is desirable and suitable in light of the complex nature of the company.

Suggested Reading

  • Davies, PL 2008. Gower and Davies: Principles of Modern Company HR, 8th edn, London: Sweet and Maxwell.
  • Hicks, A & Goo, SH 2004. Cases & Materials on Company HR, 5th edn, New York: Oxford University Press.
  • Hannigan, B 2003. Company HR, New York: Oxford University Press.
  • Huss, RJ 2001. 'Revamping Veil Piercing for All Limited Liability Entities: Forcing the Common HR Doctrine into the Statutory Age', University of Cincinnati HR Review, vol.70, no.136.

3. Given That The Explanatory Notes To The Companies Act 2006 State That In Relation To Section 33 No Change To The Existing Case HR Is Intended, Discuss The Controversies, Both Judicial And Academic, Surrounding The Scope Of Section 33 Companies Act 2006 And Its Predecessors.

This study will examine the definition of the company constitution in section 33 of the Companies Act 2006, comparing its former existence in section 20 of the 1929 Companies Act and its application in case HR decisions. It is clear that the rules governing which rights can be enforced and by whom under the articles of association are complex, yet has section 33 relieved this confusion or has it simply reworded the problem? The study will ultimately demonstrate that although section 33 may be a mere symbolic restatement of section 20, accompanying case HR has been developed to establish, as far as possible, coherent principles in relation the company constitution. Problems of course remain: this is an expected consequence of the codification of such a broad and varied area of the HR. It is however vital to recognise that the influence of case HR upon the application of the Companies Act is perhaps principally to blame for lingering problems.

Suggested Reading

  • Davies, PL 2008. Gower and Davies' Principles of Modern Company HR, 8th edn, London: Sweet & Maxwell.
  • Drury, RR 1986. 'The Relative Nature of a Shareholder's Right to Enforce the Company Contract', Company HR Journal, vol. 12, no. 219.
  • Kershaw, D 2009. Company HR in Context: Text and Materials, New York: Oxford University Press.
  • Rosser, J & Wareham, R 2010. Tolley's Company HR Handbook, 18th edn, London: Tolley Publishing.

4. Before The Enactment Of The Companies Act 2006, The Courts Set The Standards For Directors' Duties Of Skill And Care So Low That No Director Could Possibly Breach Them.

The passing of the Companies Act 2006 was a huge event for the world of company HR; its codification of former common HR principles vowed to bring simplicity and better regulation. Many hailed its arrival, quoting the need for greater clarity and simplicity, particularly in relation to directors' duties. This study will critically examine the 2006 Act's approach to directors' duties and evaluate whether it has indeed simplified and clarified the HR in this area. Has codification proven unnecessarily restrictive or was previous flexibility too vague? Which approach is the most suitable for directors? The duty of care and skill will be particularly focused upon, in terms of the standards it imposes upon directors are too low or too high.

Suggested Reading

  • Alcock, A, Birds, J & Gale, S 2007. Companies Act 2006: The New HR, London: Jordan Publishing.
  • Cockerill, A & Mendelsohn, J 2007. 'Directors and the Missing 'Articles'', Solicitors Journal, vol. 152, no. 2.
  • Gore-Brown, F 2004. Gore-Brown on Companies, 44th edn, Bristol: Jordan Publishing.
  • Parkinson, JE 1993. Corporate Power and Responsibility: Issues in the Theory of Company HR, New York: Oxford University Press.

5. "The Extent Of The Contractual Effect Of A Company's Articles Has Long Been A Subject Of Controversy Generating Much Academic Debate, Interest And At Times Consternation." Provide An Overview Of The Academic Debate In Relation To The Contractual Effect Of A Company's Articles, Highlighting Specifically Where The Differences Of Opinion Can Be Found.

The contractual nature of the company articles has attracted considerable attention, particularly in relation to who is bound by the contract and in respect of what rights. Recent recodification of the company contract in section 33 of the Companies Act 2006 apparently made few changes to the previous section 20 of the 1929 Act and section 14 of the 1985 Act. Yet what is considered today about the contractual effect of the articles? How is this concept approached in case HR? This study will explore these issues, with a proposal that the enforceability of the contract between company members will never be entirely erased because certain circumstances require inter-member enforcement of rights. It will ultimately be demonstrated that criticisms aimed at the contractual effect of the articles is misled because the co-existing application of statute and case HR has resulted in a flexible, appropriate approach to the matter.

Suggested Reading

  • Dignam, A & Lowry, J 2010. Company HR, 6th edn, New York: Oxford University Press.
  • Goldberg, G 1972. 'The Enforcement of Outsider Rights under s 20(1) of the Companies Act 1948', Modern HR Review, vol. 35, no. 362.
  • Sealy, L & Worthington, S 2010. Sealy's Cases and Materials in Company HR, 9th edn, New York: Oxford University Press.
  • Wedderburn, KW 1957. 'Shareholder Rights and the Rule in Foss v Harbottle', Company HR Journal, vol. 16, no. 193.

6. To What Extent Do Existing Soft And Hard HR Rules On Corporate Governance Redress The Problems Of Director Accountability In The UK?

The importance of corporate governance has been pressed to the forefront of company HR over the past few years, particularly in relation to the need to promote director accountability. Recent events have targeted problems related to directors; particularly director fraud and directors' duties. This study will critically examine whether regulations effectively target and alleviate problems related to director accountability. Does the Combined Code's 'comply or explain' approach lack the strictness required to properly govern directors? How can the aim for good corporate governance seek to balance between flexibility and sufficient enforcement? The fact that director fraud has persisted, even escalated over the past few years suggests that improvements need to be made in this area of corporate governance. This study will question how such improvements can be made, if at all.

Suggested Reading

  • Jones, M 2011. Creative Accounting, Fraud and International Accounting Scandals, London: Wiley.
  • Roe, MJ 1994. Strong Managers, Weak Owners, Princeton: Princeton University Press.
  • Kim, K, Nofsinger , JR & Mohr, DJ 2009. Corporate Governance, 3rd edn, Essex: Pearson.
  • Solomon, J 2010. Corporate Governance and Accountability, 3rd edn, London: John Wiley.

7. Using Cases And Statues, Discuss The Contention That The Dividing Line Between Incompetence And Dishonesty Is Sufficiently Clear In Relation To Sections 213 And 214 Of The Insolvency Act 1986.

The recent recession has caused a major increase in the number of corporations that come to an unfortunate end, thereby creating a newfound interest in the HR on insolvency. The Insolvency Act 1986 was drafted as a method of allowing exceptions to be made to the corporate veil rule devised by Salomon, thus allowing the corporate veil to be lifted in certain circumstances. Variations between sections 213 and 214 of the Insolvency Act 1986 have sparked debate in terms of whether they recognise the difference between incompetency contained in section 214 and dishonesty as defined in section 213. This study will propose that the distinction between the concepts is not only clear, but difficult to ignore because the scope of the application of both sections is considerably distinct. Moreover, they contain features which render them inherently different in nature, enabling them to distinguish between the seriousness of dishonesty and incompetence. As will be demonstrated, the distinction is clear.

Suggested Reading

  • Davies, P 2006. 'Director's Creditor-Regarding Duties in Respect of Trading Decisions Taken in the Vicinity of Insolvency', European Business Organization HR Review, vol. 7, no. 1.
  • Hannigan, B 2003. Company HR, New York: Oxford University Press.
  • Keay, A 2006. 'Fraudulent Trading: The Intent to Defraud Element', Common HR World Review, vol. 35, no. 121.
  • Oditah, F 1993. 'Wrongful Trading', Company HR, vol. 14, no. 16.

8. Is The Partnership Act Outdated To The Extent That It Needs To Be Reformed Or Should It Be Hailed As An Enduring Piece Of Legislation?

The Partnership Act 1890 is commonly described as outdated and unsuitable when observed in light of the number of partnerships currently existing. This study will explore this concept, focusing on the more troublesome provisions of the Act which present the most prominent problems for partnerships. In any case, it has been acknowledged for some time now that the Act, although overall acceptable, is littered with problems when examined in some detail. This study will endeavour to achieve such detail, in a bid to discover whether the Act is outdated or whether its enduring existence is on the contrary a result of its appropriate and flexible scope. Is reform needed? Can problem areas be attributed to the Act's dating or other elements? These issues will be addressed, along with the proposal that reform is indeed necessary so that the Act may apply to the vast number and variety of partnerships that currently exist.

Suggested Reading

  • Banks, RI & Lindley, N 2002. Lindley and Banks on Partnership, 18th edn, London: Sweet and Maxwell.
  • Hicks, A & Goo, SH 2004. Cases and Materials on Company HR, 5th edition, New York: Oxford University Press.
  • Morse, G 2010. Partnership HR, 7th edn, New York: Oxford University Press.
  • Travis, P 1999. 'Opening the Doors to Partnership: Khan v Mia [1998] 1 WLR 477 333', UQ HR Journal 16, vol. 2, no. 20.

9. The Doctrine Of Capital Maintenance Creates An Unnecessary Burden For Companies And Is No Longer Needed To Protect Creditor Interests. Discuss.

The core purpose of the doctrine of capital maintenance is to regulate conflicts between creditors and shareholders on the allocation of the company's capital. The conflict between creditors and shareholders becomes apparent when a company becomes insolvent. However, the HR regulates the conflict by imposing legal capital rules during the company's existence to limit corporate activity so that creditor interests are protected. However, the efficacy and desirability of the doctrine of capital maintenance has been criticised and questioned. This study discusses the claim that the doctrine of capital maintenance creates an unnecessary burden for companies and is no longer needed to protect creditor interests. The function of the doctrine, its application in light of the Companies Act 2006 and its weaknesses will be critically evaluated. Over time, the doctrine has indeed become less important in the financing measures of companies, particularly due to the fact that there exists no minimum share capital for private companies. It will ultimately be argued that the HR should shift away from a rule that sets the distributable profit by reference to the legal capital of the company to a more flexible standard which could be applied to the specific case.

Suggested Reading

  • Armour, J 2000. 'Share Capital and Creditors Protection: Efficient Rules for a Modern Company HR', Modern HR Review, vol. 63, no. 355.
  • Davies, P 2010. Introduction to Company HR, 2nd edn, New York: Oxford University Press.
  • Ferran, E 1999. 'Creditors' Interests and 'Core' Company HR', Company HR, vol. 20, no. 314.
  • Sealy, L & Worthington, S 2010. Sealy's Cases & Materials on Company HR, 9th edn, New York: Oxford University Press.

10. Critically Examine The Extent To Which Section 51 Companies Act 2006 Has Clarified The HR Relating To Pre-Incorporation Contracts.

When a new business is in the process of being set up, the need for a promoter is considered to be an essential element. It is not uncommon for contract negotiations to take place before the company has become fully formed, yet whether contracting parties are fully aware of this is not always clear. This study will examine section 51 of the Companies Act 2006, and critically evaluate how it applies to and affects promoters and companies in relation to pre-incorporation contracts. It will ultimately be concluded that section 51 eases problems posed by previous HR and increases the security of transactions for third parties.

Suggested Reading


  • Davies, P 2010. Introduction to Company HR, 2nd edn, New York: Oxford University Press.
  • Sealy, L & Worthington, S 2010. Sealy's Cases & Materials on Company HR, 9th edn, New York: Oxford University Press.
  • Hannigan, B 2003. Company HR, New York: Oxford University Press.