End-of-chapter questions: Answer Guidance 18.2

This is a tricky question. To answer it well, you must refer to the approach that courts have taken in the leading cases. The best answers will also engage critically with academic commentary, such as that suggested below. Be careful to advance an argument throughout your answer, rather than just say ‘there is this view, and that view, and another view’—your critical appraisal of the law you consider must be apparent. And does it matter? Impressive answers could deal with that (implied) question too.