People should have the right to exercise autonomy over their own bodies and the law needs to respect this.At the moment, the law does not adequately respect this right, and changes are needed to better accommodate individual choice

 MAXIMUM WORD LIMIT:  3000  

ASSESSMENT CRITERIA  

The marking criteria will adhere to the grading descriptors for Level 6 and as such marks will be awarded for the following:

• Demonstration of a strong knowledge and understanding of the subject 

• Clear  and  concise  use  of the English  language  including  sentences,paragraphs and appropriate vocabulary

• Identification of relevant normative issues

• A  logical  structure  (including  an  introduction,  main  body,  conclusion)  and development of the arguments

• Use of appropriate information in support of the argument

• Sophistication of argument  

• Appropriateness of reasoning (e.g. the use of logic rather than rhetoric)

• Use of personal reflection which is backed by evidence from a range of sources

• Correct use of juristic and / or philosophical language

• Engagement with various approaches

• Evidence of familiarity with the primary sources

• Evidence of familiarity with relevant secondary sources

• Reference conventions observed

Please choose an essay title for your project from one of the six below.These titles are there to guide your discussion and you are to decide how best to address the essay title you have chosen.

Please refer to the marking matrix and the information in the learning room before creating a project plan (see further information in the learning room regarding the plan).

1) People should have the right to exercise autonomy over their own bodies and the law needs to respect this.At the moment, the law does not adequately respect this right, and changes are needed to better accommodate individual choice.Critically discuss the statement above with reference to an area or areas from the syllabus. 

2) Improvements need to be made to the Sexual Offences Act 2003 in order to tackle online offending and to fully protect those who may be vulnerable to sexual exploitation.Critically discuss the statement above with reference to an area or areas from the syllabus.     

2) A number of offences in The Sexual Offences Act 2003 are now outdated. It is time to amend the Act in order to properly reflect the reality of sexual offending.Critically discuss the statement above with reference to an area or areas from the syllabus.    

3) In any modern society it is inappropriate to criminalise private sexual activity. The law should not intervene where individuals are engaging in consensual S&M or in consensual sex work.Critically discuss the statement above with reference to an area or areas from the syllabus.    

4) Sections 74-76 of the Sexual Offences Act 2003 provide an effective regime for addressing whether true consent has been given to sexual activity.Critically discuss this statement.   

5) We need to strengthen the law in order to tackle the threat posed to society by the proliferation of sexual images. The current offences are outdated, confusing and do not provide adequate protection for those at risk of victimisation.Critically discuss the statement above with reference to an area or areas from the syllabus.

Plagiarised (Do  Not Copy)

To: [International Law Firm]

From: [Your Name], Legal Advisor

Date: [Current Date]

Subject: Duties of an Executive Director under English Law

1. Introduction

1.1 This memorandum sets out the various duties that an executive director might owe to his company under English law.

1.2 It also considers the circumstances in which a director might owe duties to the shareholders, individually or collectively, addressing both statutory and general law duties.

2. Statutory Duties under the Companies Act 2006

2.1 The Companies Act 2006 codifies several key duties that directors owe to their companies. These statutory duties replace many of the common law and equitable principles that existed before the Act.

2.1.1 Duty to Act Within Powers (Section 171)

2.2 Directors must act in accordance with the company’s constitution and must only exercise powers for the purposes for which they are conferred.

2.1.2 Duty to Promote the Success of the Company (Section 172)

2.3 Directors are required to act in a way they consider, in good faith, to promote the success of the company for the benefit of its members as a whole. This includes considering long-term consequences, employee interests, the need to foster business relationships, the impact on the community and environment, maintaining a reputation for high standards of business conduct, and the need to act fairly between members.

2.1.3 Duty to Exercise Independent Judgment (Section 173)

2.4 Directors must exercise independent judgment and not fetter their discretion unless authorized by the company`s constitution.

2.1.4 Duty to Exercise Reasonable Care, Skill, and Diligence (Section 174)

2.5 Directors must exercise the care, skill, and diligence that would be exercised by a reasonably diligent person with both (a) the general knowledge, skill, and experience that may reasonably be expected of a person carrying out the functions of a director in relation to the company, and (b) the general knowledge, skill, and experience that the director has.

2.1.5 Duty to Avoid Conflicts of Interest (Section 175)

2.6 Directors must avoid situations in which they have, or can have, a direct or indirect interest that conflicts, or possibly may conflict, with the interests of the company.

2.1.6 Duty Not to Accept Benefits from Third Parties (Section 176)

2.7 Directors must not accept any benefit from a third party conferred by reason of their being a director or their doing (or not doing) anything as a director.

2.1.7 Duty to Declare Interest in Proposed Transaction or Arrangement (Section 177)

2.8 Directors must declare the nature and extent of any interest, direct or indirect, in a proposed transaction or arrangement with the company.

3. General Law Duties

3.1 In addition to the statutory duties codified in the Companies Act 2006, directors are also bound by certain duties under general law, which continue to apply where they do not conflict with the statutory duties.

3.1.1 Fiduciary Duties

3.2 Fiduciary duties are derived from principles of trust and confidence, obligating directors to act in the best interest of the company and avoid self-dealing and conflicts of interest.

3.1.2 Common Law Duties of Care and Skill

3.3 Directors must perform their role with a level of care, skill, and diligence appropriate to their position, aligning closely with the statutory duty under Section 174.

4. Duties to Shareholders

4.1 Under normal circumstances, directors owe their duties to the company, not to individual shareholders. However, there are exceptions where directors may owe duties to shareholders:

4.1.1 Special Circumstances

4.2 Directors may owe duties to shareholders where:

• There is a fiduciary relationship between the director and the shareholder.
• The company is in financial difficulty, and the directors are effectively managing the company for the benefit of its creditors.

4.1.2 Unfair Prejudice

4.3 Shareholders may bring a claim under Section 994 of the Companies Act 2006 if they believe the company’s affairs are being conducted in a manner unfairly prejudicial to their interests.

4.1.3 Derivative Actions

4.4 Shareholders may also bring a derivative action on behalf of the company under Sections 260-264 of the Companies Act 2006 for a breach of duty by the directors.

5. Conclusion

5.1 The statutory and general law duties outlined above ensure that directors act in the best interests of their company and maintain high standards of corporate governance.

5.2 While directors primarily owe duties to the company, there are specific circumstances under which they may owe duties to shareholders, particularly in cases of unfair prejudice or when the company is nearing insolvency.

5.3 It is crucial for directors to be aware of these duties to avoid personal liability and ensure they are fulfilling their roles effectively and in compliance with the law.

[Your Name] Legal Advisor