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loan-translation of the Greek word ἔντομος (éntomos) or "insect" (as in entomology), which was Aristotle's term for this class of life

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ar past participle of insectare, "to cut into, to cut up", from in- "into" and secare "to cut";[9] because insects appear "cut into" three sections. Pliny the Elder introduced the Latin designation as a <span>loan-translation of the Greek word ἔντομος (éntomos) or "insect" (as in entomology), which was Aristotle's term for this class of life, also in reference to their "notched" bodies. "Insect" first appears documented in English in 1601 in Holland's translation of Pliny. Translations of Aristotle's ter

Original toplevel document

Insect - Wikipedia, the free encyclopedia
ation9.2 Pollination9.3 Parasitism9.4 Other biological interactions 10 Relationship to humans 10.1 As pests10.2 In beneficial roles10.3 In research10.4 As food10.5 In culture 11 See also12 Notes13 References14 External links Etymology[edit] <span>The word "insect" comes from the Latin word insectum, meaning "with a notched or divided body", or literally "cut into", from the neuter singular past participle of insectare, "to cut into, to cut up", from in- "into" and secare "to cut";[9] because insects appear "cut into" three sections. Pliny the Elder introduced the Latin designation as a loan-translation of the Greek word ἔντομος (éntomos) or "insect" (as in entomology), which was Aristotle's term for this class of life, also in reference to their "notched" bodies. "Insect" first appears documented in English in 1601 in Holland's translation of Pliny. Translations of Aristotle's term also form the usual word for "insect" in Welsh (trychfil, from trychu "to cut" and mil, "animal"), Serbo-Croatian (zareznik, from rezati, "to cut"), Russian (насекомое nasekomoje, from seč'/-sekat', "to cut"), etc.[9] Phylogeny and evolution[edit] Evolution has produced astonishing variety in insects. Pictured are some of the possible shapes of antennae. Main article: Evolution of insects The ev




#systemd
systemd is a system and service manager

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What is Linux systemd ? A Neat Chart of its Components
| Reply More <span>systemd is a system and service manager that is designed specifically for Linux kernel. It replaces the init process to become the first process (PID = 1) that gets executed in user space during the Linux start-up process. In




#systemd
PID = 1

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What is Linux systemd ? A Neat Chart of its Components
More systemd is a system and service manager that is designed specifically for Linux kernel. It replaces the init process to become the first process (<span>PID = 1) that gets executed in user space during the Linux start-up process. In this article, we will study the basics of systemd. Note - The term init in this artic




#cgroups #systemd
cgroups -- a mechanism for limiting, accounting, and isolating Kernel resource usage

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What is Linux systemd ? A Neat Chart of its Components
e is currently running and 1 means it is not. To shutdown or reboot the system, you can use the following commands: systemctl halt systemctl poweroff systemctl reboot The concept of cgroups systemd organizes and manages processes with <span>cgroups -- a mechanism for limiting, accounting, and isolating Kernel resource usage. In layman’s terms, it is a collection of processes that are bound by a common criteria. These groups can be hierarchical, and every group inherits limits from its parent. As new pr




#process-management #systemd
systemd organizes and manages processes with cgroups -- a mechanism for limiting, accounting, and isolating Kernel resource usage

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What is Linux systemd ? A Neat Chart of its Components
$? If the result is 0, it means the service is currently running and 1 means it is not. To shutdown or reboot the system, you can use the following commands: systemctl halt systemctl poweroff systemctl reboot The concept of cgroups <span>systemd organizes and manages processes with cgroups -- a mechanism for limiting, accounting, and isolating Kernel resource usage. In layman’s terms, it is a collection of processes that are bound by a common criteria. These groups can be hierarchical, and every group inherits limits from its parent. As new pr




#cgroup #vocabulary
every system resource like CPU, memory, disk input/output, bandwidth is called a subsystem or resource controller

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What is Linux systemd ? A Neat Chart of its Components
ses are spawned they become members of the parent's cgroup. A cgroup is named for the service it belongs, and in case you need to kill a service, you can just kill its cgroup, killing all of its processes in one go. In cgroups vocabulary, <span>every system resource like CPU, memory, disk input/output, bandwidth is called a subsystem or resource controller. The Linux kernel provides access to various subsystems (like memory, CPU, and more) through these cgroups. The cgconfig service is used to manage hierarchies and cgroups on your syst




#contract #law #terms
In seeking to discover whether the parties intended to be bound by a statement made by one of them, the court will apply an objective test based on the question, 'what would a reasonable man understand to be the intention of the parties, having regard to all the circumstances?' In applying this test, the court will take into account any factors that appear to be relevant.

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pdf

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Flashcard 1349111385356

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#co-ownership #land
Question
In certain circumstances beneficiaries can select new trustees (although they cannot actually appoint them) and require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property ([...]).
Answer
TLATA 1996, s 19(1)(b)


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re. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (<span>TLATA 1996, s 19(1)(b)). They must be unanimous (TLATA 1996, s 19(2)). Beneficiaries may give to the trustee(s) a written direction to retire from the trust and/or a written direction to appoint by writing

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Flashcard 1349144939788

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#interests #land #law
Question
should the owner of the interest convey their estate (the land that benefits from the interest) and fail to mention the interest in the transfer deed, [Statute] will imply that the transfer of the estate includes all interests appertaining to that land.
Answer
LPA 1925, s 62


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should the owner of the interest convey their estate (the land that benefits from the interest) and fail to mention the interest in the transfer deed, LPA 1925, s 62 will imply that the transfer of the estate includes all interests appertaining to that land, unless a contrary intention is expressed (LPA 1925, s 62(4)).</

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Flashcard 1349147299084

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Question
should the owner of the interest convey their estate (the land that benefits from the interest) and fail to mention the interest in the transfer deed, LPA 1925, s 62 will imply that the transfer of the estate includes all interests appertaining to that land, unless a contrary intention is expressed ([Statute])
Answer
LPA 1925, s 62(4)


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s from the interest) and fail to mention the interest in the transfer deed, LPA 1925, s 62 will imply that the transfer of the estate includes all interests appertaining to that land, unless a contrary intention is expressed (<span>LPA 1925, s 62(4)).<span><body><html>

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Flashcard 1349150182668

Tags
#interests #land #law
Question
The estate contract is [...].
Answer
a contractual right to a legal estate


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The estate contract is a contractual right to a legal estate, whether freehold or leasehold. Equity will order specific performance of a contract to create or transfer a legal estate, because each piece of land is regarded as unique. This, t

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Flashcard 1349153066252

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#interests #land #law
Question
A right of pre-emption is also an estate contract. [Case] held that rights of pre-emption must comply with the LP(MP)A 1989, s 2.
Answer
Bircham & Co Nominees (No.2) Ltd v Worrell Holdings Ltd


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A right of pre-emption is also an estate contract. Bircham & Co Nominees (No.2) Ltd v Worrell Holdings Ltd [2001] EWCA Civ 775 held that rights of pre-emption must comply with the LP(MP)A 1989, s 2.

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Flashcard 1349163289868

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#co-ownership #land #law
Question
Trustees can be appointed: [1] By the person named in the trust deed as being able to appoint ([Statute])
Answer
Trustee Act 1925, s 36(a)


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The maximum number of trustees permitted is four: Trustee Act 1925, s 34(2). They can be appointed in four ways: [1] By the person named in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (Trustee Act 1925, s 36(b)); [3] By the personal representatives of the last surviving trustee (Trustee Act 1925, ss 36(1) and (6)); or [4] By the court i

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Flashcard 1349165649164

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#co-ownership #land #law
Question
Trustees can be appointed: [2] By the existing trustees ([Statute])
Answer
Trustee Act 1925, s 36(b)


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pan>The maximum number of trustees permitted is four: Trustee Act 1925, s 34(2). They can be appointed in four ways: [1] By the person named in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (<span>Trustee Act 1925, s 36(b)); [3] By the personal representatives of the last surviving trustee (Trustee Act 1925, ss 36(1) and (6)); or [4] By the court in difficult cases (Trustee Act 1925, s 41).<span><

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Flashcard 1349169057036

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#co-ownership #land #law
Question
Trustees can be appointed: [3] By the personal representatives of the last surviving trustee ([Statute])
Answer
Trustee Act 1925, ss 36(1) and (6)


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pointed in four ways: [1] By the person named in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (Trustee Act 1925, s 36(b)); [3] By the personal representatives of the last surviving trustee (<span>Trustee Act 1925, ss 36(1) and (6)); or [4] By the court in difficult cases (Trustee Act 1925, s 41).<span><body><html>

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Flashcard 1349171416332

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#co-ownership #land #law
Question
Trustees can be appointed: [4] By the court in difficult cases ([Statute]).
Answer
Trustee Act 1925, s 41


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to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (Trustee Act 1925, s 36(b)); [3] By the personal representatives of the last surviving trustee (Trustee Act 1925, ss 36(1) and (6)); or [4] By the court in difficult cases (<span>Trustee Act 1925, s 41).<span><body><html>

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Flashcard 1349177969932

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#co-ownership #land #law
Question
The appointment of trustees should be [...].
Answer
by deed


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The appointment of trustees should be by deed. If so, it automatically contains an implied vesting declaration, whereby the trust property is vested in the new trustee together with the continuing trustees as joint tenants without

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Flashcard 1349293837580

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Question
explicitly stated under s.335A(3) that [...].
Answer
after one year, the interests of the creditors will prevail.


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explicitly stated under s.335A(3) that after one year, the interests of the creditors will prevail apart from where there are “exceptional circumstances”.

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Flashcard 1354506571020

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Question
Rights of Entry These must be one of two types to be legal. The first is a [...]. The second is the right to enter freehold land to enforce a legal rentcharge.
Answer
right for a landlord to enter leasehold land to forfeit (terminate) a legal lease for breach of covenant


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Rights of Entry These must be one of two types to be legal. The first is a right for a landlord to enter leasehold land to forfeit (terminate) a legal lease for breach of covenant. The second is the right to enter freehold land to enforce a legal rentcharge.

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Flashcard 1354508143884

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#interests #land #law
Question
Rights of Entry These must be one of two types to be legal. The first is a right for a landlord to enter leasehold land to forfeit (terminate) a legal lease for breach of covenant. The second is the right [...].
Answer
to enter freehold land to enforce a legal rentcharge


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Rights of Entry These must be one of two types to be legal. The first is a right for a landlord to enter leasehold land to forfeit (terminate) a legal lease for breach of covenant. The second is the right to enter freehold land to enforce a legal rentcharge.

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Flashcard 1354509978892

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#interests #land #law
Question
if a charge by way of legal mortgage is created over unregistered land, then that gives rise to compulsory registration of the title. This is governed by the [Statute]
Answer
LRA 2002, ss4(1)(g)


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if a charge by way of legal mortgage is created over unregistered land, then that gives rise to compulsory registration of the title. This is governed by the LRA 2002, ss4(1)(g)

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Flashcard 1354518629644

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#interests #land #law
Question
An improperly created legal easement may nevertheless take effect as an equitable easement under the doctrine of [Case] by being treated as a (fictional) contract to grant an easement.
Answer
Walsh v Lonsdale


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An improperly created legal easement may nevertheless take effect as an equitable easement under the doctrine of Walsh v Lonsdale (1882) 21 Ch D 9 by being treated as a (fictional) contract to grant an easement. For it to take effect as a valid equitable easement in this way, this ‘contract’ must satisfy the formal

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Flashcard 1354520988940

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#interests #land #law
Question
An improperly created legal easement may nevertheless take effect as an equitable easement under the doctrine of Walsh v Lonsdale (1882) 21 Ch D 9 by being treated as a (fictional) contract to grant an easement. For it to take effect as a valid equitable easement in this way, this ‘contract’ must satisfy the formalities in [Statute]
Answer
LP(MP)A 1989, s 2


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easement under the doctrine of Walsh v Lonsdale (1882) 21 Ch D 9 by being treated as a (fictional) contract to grant an easement. For it to take effect as a valid equitable easement in this way, this ‘contract’ must satisfy the formalities in <span>LP(MP)A 1989, s 2<span><body><html>

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Flashcard 1354523872524

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#interests #land #law
Question
An oral agreement to exchange contracts on specified terms for the sale of the land within three months of payment of a deposit was held to be an agreement for the disposition of an interest in the land and was therefore void since it did not comply with the LP(MP)A 1989, s 2.
Answer
Sharif v Sadiq


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Sharif v Sadiq [2004] EWHC 1913 (Ch) An oral agreement to exchange contracts on specified terms for the sale of the land within three months of payment of a deposit was held to be an agreement for the disposition of an interest in the land and was therefore void since it did not comply with the LP(MP)A 1989, s 2.

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Flashcard 1354526756108

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#interests #land #law
Question
Transfer of an Existing Equitable Interest

(a) The minimum formalities to be complied with are set out in [Statute].
Answer
LPA 1925, s 53(1)(c)


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Transfer of an Existing Equitable Interest (a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c). (b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with LP(MP)A 1989, s 2) and specific performance must be

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Flashcard 1354529115404

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#interests #land #law
Question
Transfer of an Existing Equitable Interest
(a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c).
(b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with [Statute]) and specific performance must be available, on the basis that equity sees as done that which ought to be done.
Answer
LP(MP)A 1989, s 2


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table Interest (a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c). (b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with <span>LP(MP)A 1989, s 2) and specific performance must be available, on the basis that equity sees as done that which ought to be done. (c) Where the holder of an absolute title in an estate in land

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Flashcard 1354531474700

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Question
Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the [...] to imply the equitable interest into the transfer (unless a contrary intention is expressed).
Answer
LPA 1925, s 62


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t which ought to be done. (c) Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the <span>LPA 1925, s 62 to imply the equitable interest into the transfer (unless a contrary intention is expressed).<span><body><html>

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Flashcard 1354533833996

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#interests #land #law
Question
Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the LPA 1925, s 62 to [...] (unless a contrary intention is expressed).
Answer
imply the equitable interest into the transfer


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e done. (c) Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the LPA 1925, s 62 to <span>imply the equitable interest into the transfer (unless a contrary intention is expressed).<span><body><html>

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Flashcard 1354536455436

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#interests #land #law
Question
The historical maxim is: ‘legal rights bind the whole world’ ([Case]).
Answer
Mercer v Liverpool, St Helen’s and South Lancs Railway Co


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The historical maxim is: ‘legal rights bind the whole world’ (Mercer v Liverpool, St Helen’s and South Lancs Railway Co [1903] 1 KB 652).

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Flashcard 1354539076876

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#co-ownership #land #law
Question
Under [Statute], the trustees have a duty to consult (but not obey) the beneficiaries of full age and beneficially entitled to an interest in possession in the land.
Answer
TLATA 1996, s 11(1)


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Under TLATA 1996, s 11(1), the trustees have a duty to consult (but not obey) the beneficiaries of full age and beneficially entitled to an interest in possession in the land.

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Flashcard 1354541436172

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#co-ownership #land #law
Question
Under TLATA 1996, s 11(1), the trustees have a duty to [...] the beneficiaries of full age and beneficially entitled to an interest in possession in the land.
Answer
consult (but not obey)


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Under TLATA 1996, s 11(1), the trustees have a duty to consult (but not obey) the beneficiaries of full age and beneficially entitled to an interest in possession in the land.

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Flashcard 1354543009036

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Question
Under TLATA 1996, s 11(1), the trustees have a duty to consult (but not obey) the beneficiaries [...] and beneficially entitled to an interest in possession in the land.
Answer
of full age


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Under TLATA 1996, s 11(1), the trustees have a duty to consult (but not obey) the beneficiaries of full age and beneficially entitled to an interest in possession in the land.

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Flashcard 1354544581900

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#co-ownership #land #law
Question
Under TLATA 1996, s 11(1), the trustees have a duty to consult (but not obey) the beneficiaries of full age and [...]
Answer
beneficially entitled to an interest in possession in the land.


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Under TLATA 1996, s 11(1), the trustees have a duty to consult (but not obey) the beneficiaries of full age and beneficially entitled to an interest in possession in the land.

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Flashcard 1354548776204

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#co-ownership #land #law
Question
[...] enables the trustees to deal with arguments which may arise between beneficiaries.
Answer
TLATA s.13


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TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries.

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Flashcard 1354550349068

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#co-ownership #land #law
Question
TLATA s.13 enables the trustees to [...].
Answer
deal with arguments which may arise between beneficiaries


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TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries.

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Flashcard 1354551921932

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#co-ownership #land #law
Question
TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries. Under this section, where [...] have a right to occupy the trust land, the trustees may exclude or restrict the entitlement of any, but not all, of them as long as they act reasonably in doing so.
Answer
two or more beneficiaries


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TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries. Under this section, where two or more beneficiaries have a right to occupy the trust land, the trustees may exclude or restrict the entitlement of any, but not all, of them as long as they act reasonably in doing so.<

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Flashcard 1354555067660

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Question
TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries. Under this section, where two or more beneficiaries have a right to occupy the trust land, the trustees may [...] of any, but not all, of them as long as they act reasonably in doing so.
Answer
exclude or restrict the entitlement


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TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries. Under this section, where two or more beneficiaries have a right to occupy the trust land, the trustees may exclude or restrict the entitlement of any, but not all, of them as long as they act reasonably in doing so.

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Flashcard 1354556902668

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Question
TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries. Under this section, where two or more beneficiaries have a right to occupy the trust land, the trustees may exclude or restrict the entitlement of [...] as long as they act reasonably in doing so.
Answer
any, but not all, of them


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n>TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries. Under this section, where two or more beneficiaries have a right to occupy the trust land, the trustees may exclude or restrict the entitlement of <span>any, but not all, of them as long as they act reasonably in doing so.<span><body><html>

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Flashcard 1354560572684

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#co-ownership #land #law
Question
TLATA 1996, s. 13(3) gives the trustees a power to impose reasonable conditions on the occupying beneficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in [Statute]: 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under TLATA 1996, s. 12.
Answer
TLATA 1996, s. 13(4)


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e occupying beneficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in <span>s 13(4): 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy

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Flashcard 1354562931980

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Question
TLATA 1996, s. 13(3) gives the trustees a power to impose reasonable conditions on the occupying beneficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in TLATA 1996, s. 13(4): 1. [...]; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under TLATA 1996, s. 12.
Answer
The intentions of the person(s) who created the trust


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neficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in s 13(4): 1. <span>The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under s 12.<span><body><html>

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Flashcard 1354564504844

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Question
TLATA 1996, s. 13(3) gives the trustees a power to impose reasonable conditions on the occupying beneficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in TLATA 1996, s. 13(4): 1. The intentions of the person(s) who created the trust; 2. [...]; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under TLATA 1996, s. 12.
Answer
The purposes for which the land is held


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ary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in s 13(4): 1. The intentions of the person(s) who created the trust; 2. <span>The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under s 12.<span><body><html>

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Flashcard 1354567650572

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#co-ownership #land #law
Question
TLATA 1996, s. 13(3) gives the trustees a power to impose reasonable conditions on the occupying beneficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in TLATA 1996, s. 13(4): 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. [...] under TLATA 1996, s. 12.
Answer
The circumstances and wishes of the beneficiaries entitled to occupy the land


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. However, in exercising their powers under this section, the trustees are to have regard to the factors specified in s 13(4): 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. <span>The circumstances and wishes of the beneficiaries entitled to occupy the land under s 12.<span><body><html>

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Flashcard 1354569223436

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#co-ownership #land #law
Question
TLATA 1996, s. 13(3) gives the trustees a power to impose reasonable conditions on the occupying beneficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in TLATA 1996, s. 13(4): 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under [Statute].
Answer
TLATA 1996, s. 12


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regard to the factors specified in s 13(4): 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under <span>s 12.<span><body><html>

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Flashcard 1354571844876

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#co-ownership #land #law
Question
Under [...], the trustees have the power to require an occupying beneficiary to compensate any other beneficiary whose entitlement to occupy has been excluded or restricted.
Answer
s 13(6)


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Under s 13(6), the trustees have the power to require an occupying beneficiary to compensate any other beneficiary whose entitlement to occupy has been excluded or restricted.</

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Flashcard 1354573417740

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Question
Under s 13(6), the trustees have the power to [...]
Answer
require an occupying beneficiary to compensate any other beneficiary


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Under s 13(6), the trustees have the power to require an occupying beneficiary to compensate any other beneficiary whose entitlement to occupy has been excluded or restricted.

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Flashcard 1354575777036

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Question
Under s 13(6), the trustees have the power to require an occupying beneficiary to compensate any other beneficiary [...]
Answer
whose entitlement to occupy has been excluded or restricted.


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Under s 13(6), the trustees have the power to require an occupying beneficiary to compensate any other beneficiary whose entitlement to occupy has been excluded or restricted.

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Flashcard 1354577612044

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Question
Any beneficiaries [...] are given protection by TLATA 1996, s 13(7). Such occupants cannot be prevented from continuing to occupy without their consent or the approval of the court.
Answer
already in occupation of the trust land


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Any beneficiaries already in occupation of the trust land are given protection by TLATA 1996, s 13(7). Such occupants cannot be prevented from continuing to occupy without their consent or the approval of the court. </htm

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Flashcard 1354579184908

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Question
Any beneficiaries already in occupation of the trust land are given protection by [Statute]. Such occupants cannot be prevented from continuing to occupy without their consent or the approval of the court.
Answer
TLATA 1996, s 13(7)


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Any beneficiaries already in occupation of the trust land are given protection by TLATA 1996, s 13(7). Such occupants cannot be prevented from continuing to occupy without their consent or the approval of the court.

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Flashcard 1354581544204

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Question
any disputes where trustees cannot unanimously agree to a sale, or a beneficiary wishes to force a sale against the wishes of the trustees, are settled by the court using the criteria listed under [Statute] and any other factors the court deems relevant.
Answer
TLATA 1996, s 15


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any disputes where trustees cannot unanimously agree to a sale, or a beneficiary wishes to force a sale against the wishes of the trustees, are settled by the court using the criteria listed under TLATA 1996, s 15 and any other factors the court deems relevant.

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Flashcard 1354584165644

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Question
Where a statement is made during negotiations for the purpose of inducing the other party to enter the contract, there is, prima facie, ground for inferring that the statement was intended to be a binding term of contract. However, the inference can be rebutted [...].
Answer
if the party making the statement can show that it would not be reasonable to hold him bound by it


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made during negotiations for the purpose of inducing the other party to enter the contract, there is, prima facie, ground for inferring that the statement was intended to be a binding term of contract. However, the inference can be rebutted <span>if the party making the statement can show that it would not be reasonable to hold him bound by it.<span><body><html>

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Flashcard 1354585738508

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Question
Where a statement is made during negotiations for the purpose of inducing the other party to enter the contract, there is, prima facie, ground for [...]. However, the inference can be rebutted if the party making the statement can show that it would not be reasonable to hold him bound by it.
Answer
inferring that the statement was intended to be a binding term of contract


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Where a statement is made during negotiations for the purpose of inducing the other party to enter the contract, there is, prima facie, ground for inferring that the statement was intended to be a binding term of contract. However, the inference can be rebutted if the party making the statement can show that it would not be reasonable to hold him bound by it.

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Flashcard 1354587835660

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Question
A statement may be regarded as a term of the contract if it can be shown that [...]. An example of the application of this guideline can be seen in the case of Bannerman v White
Answer
the injured party considered it so important that they would not have entered into the contract but for that statement


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A statement may be regarded as a term of the contract if it can be shown that the injured party considered it so important that they would not have entered into the contract but for that statement. An example of the application of this guideline can be seen in the case of Bannerman v White

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Flashcard 1354589408524

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Question
A statement may be regarded as a term of the contract if it can be shown that the injured party considered it so important that they would not have entered into the contract but for that statement. An example of the application of this guideline can be seen in the case of [Case]
Answer
Bannerman v White


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term of the contract if it can be shown that the injured party considered it so important that they would not have entered into the contract but for that statement. An example of the application of this guideline can be seen in the case of <span>Bannerman v White<span><body><html>

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Flashcard 1354599894284

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Question
In seeking to discover whether the parties intended to be bound by a statement made by one of them, the court will apply an objective test based on the question, '[...]'
Answer
what would a reasonable man understand to be the intention of the parties, having regard to all the circumstances?


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In seeking to discover whether the parties intended to be bound by a statement made by one of them, the court will apply an objective test based on the question, 'what would a reasonable man understand to be the intention of the parties, having regard to all the circumstances?' In applying this test, the court will take into account any factors that appear to be relevant.

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Flashcard 1354602253580

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Question
In seeking to discover whether the parties intended to be bound by a statement made by one of them, the court will apply an objective test based on the question, 'what would a reasonable man understand to be the intention of the parties, having regard to all the circumstances?' In applying this test, the court will take into account [...].
Answer
any factors that appear to be relevant


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f them, the court will apply an objective test based on the question, 'what would a reasonable man understand to be the intention of the parties, having regard to all the circumstances?' In applying this test, the court will take into account <span>any factors that appear to be relevant.<span><body><html>

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Flashcard 1354603826444

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Question
In seeking to discover whether the parties intended to be bound by a statement made by one of them, the court will apply a/an [...] based on the question, 'what would a reasonable man understand to be the intention of the parties, having regard to all the circumstances?' In applying this test, the court will take into account any factors that appear to be relevant.
Answer
objective test


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In seeking to discover whether the parties intended to be bound by a statement made by one of them, the court will apply an objective test based on the question, 'what would a reasonable man understand to be the intention of the parties, having regard to all the circumstances?' In applying this test, the court will take int

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Flashcard 1354608020748

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Question
the trustee in bankruptcy [...] and will, of course, wish to sell the co-owned land so as to realise some of the bankrupt’s assets (in accordance with his duty under Insolvency Act 1986, s 305(2))
Answer
steps into the bankrupt’s shoes


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the trustee in bankruptcy steps into the bankrupt’s shoes and will, of course, wish to sell the co-owned land so as to realise some of the bankrupt’s assets (in accordance with his duty under Insolvency Act 1986, s 305(2))

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Flashcard 1354610380044

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Question
explicitly stated under s.335A(3) that [...], the interests of the creditors will prevail.
Answer
after one year


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explicitly stated under s.335A(3) that after one year, the interests of the creditors will prevail apart from where there are “exceptional circumstances”.

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Flashcard 1354614312204

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Question
explicitly stated under s.335A(3) that after one year, the interests of the creditors will prevail apart from [...].
Answer
where there are “exceptional circumstances”


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explicitly stated under s.335A(3) that after one year, the interests of the creditors will prevail apart from where there are “exceptional circumstances”.

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Flashcard 1354616147212

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#co-ownership #land #law
Question
Re Mott
Answer
an elderly lady who had lived in her house for over 40 years was allowed to remain, notwithstanding that her son’s trustee in bankruptcy had applied for a sale of the co-owned property. The court was advised that the proposed sale would be extremely detrimental to the mother’s health and agreed to postpone the sale until after her death.


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One example of a case where exceptional circumstances were found is that of Re Mott [1987] CLY 212. In that case, an elderly lady who had lived in her house for over 40 years was allowed to remain, notwithstanding that her son’s trustee in bankruptcy had applied for a sale of the co-owned property. The court was advised that the proposed sale would be extremely detrimental to the mother’s health and agreed to postpone the sale until after her death.

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Flashcard 1354618768652

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#co-ownership #land #law
Question
Nicholls v Lan [2006] EWHC 1255 (Ch) Where the spouse of a bankrupt had chronic long-term schizophrenia, [...].
Answer
an order for sale was postponed for 18 months


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Nicholls v Lan [2006] EWHC 1255 (Ch) Where the spouse of a bankrupt had chronic long-term schizophrenia, an order for sale was postponed for 18 months.

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Flashcard 1354619817228

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#co-ownership #land #law
Question
Nicholls v Lan [2006] EWHC 1255 (Ch) Where the spouse of a bankrupt had chronic long-term schizophrenia, [Outcome].
Answer
an order for sale was postponed for 18 months


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Nicholls v Lan [2006] EWHC 1255 (Ch) Where the spouse of a bankrupt had chronic long-term schizophrenia, an order for sale was postponed for 18 months.

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Flashcard 1354622700812

Tags
#co-ownership #land #law
Question
The usual order made between spouses is a Mesher order, whereby the house is [...] in such shares as the court stipulates.
Answer
transferred to or remains in joint names on trust of land for both spouses


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The usual order made between spouses is a Mesher order, whereby the house is transferred to or remains in joint names on trust of land for both spouses in such shares as the court stipulates, with no sale until all the children of the marriage are at least 17 or cease full time education, whichever is later.

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Flashcard 1354625060108

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#co-ownership #land #law
Question
The usual order made between spouses is a Mesher order, whereby the house is transferred to or remains in joint names on trust of land for both spouses in such shares as the court stipulates, with no sale until [...]
Answer
all the children of the marriage are at least 17 or cease full time education, whichever is later.


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head><head>The usual order made between spouses is a Mesher order, whereby the house is transferred to or remains in joint names on trust of land for both spouses in such shares as the court stipulates, with no sale until all the children of the marriage are at least 17 or cease full time education, whichever is later.<html>

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Flashcard 1354628205836

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Question
The usual order made between [...] is a Mesher order, whereby the house is transferred to or remains in joint names on trust of land for both spouses in such shares as the court stipulates, with no sale until all the children of the marriage are at least 17 or cease full time education, whichever is later.
Answer
spouses


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The usual order made between spouses is a Mesher order, whereby the house is transferred to or remains in joint names on trust of land for both spouses in such shares as the court stipulates, with no sale until all the ch

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Flashcard 1354632137996

Tags
#co-ownership #land #law
Question
The maximum number of trustees permitted is [...]: Trustee Act 1925, s 34(2).
Answer
four


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The maximum number of trustees permitted is four: Trustee Act 1925, s 34(2). They can be appointed in four ways: [1] By the person named in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trust

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Flashcard 1354634497292

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Question
Trustees can be appointed: [1] [...]
Answer
By the person named in the trust deed as being able to appoint


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The maximum number of trustees permitted is four: Trustee Act 1925, s 34(2). They can be appointed in four ways: [1] By the person named in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (Trustee Act 1925, s 36(b)); [3] By the personal representatives of the last surviving trustee (Trustee Act 1925, ss 36(1) and (6)); or [4] By the court in

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Flashcard 1354636856588

Tags
#co-ownership #land #law
Question
Trustees can be appointed: [2] [...]
Answer
By the existing trustees


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head><head>The maximum number of trustees permitted is four: Trustee Act 1925, s 34(2). They can be appointed in four ways: [1] By the person named in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (Trustee Act 1925, s 36(b)); [3] By the personal representatives of the last surviving trustee (Trustee Act 1925, ss 36(1) and (6)); or [4] By the court in difficult cases (Trustee Act 1

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Flashcard 1354639215884

Tags
#co-ownership #land #law
Question
Trustees can be appointed: [3] [...]
Answer
By the personal representatives of the last surviving trustee


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es permitted is four: Trustee Act 1925, s 34(2). They can be appointed in four ways: [1] By the person named in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (Trustee Act 1925, s 36(b)); [3] <span>By the personal representatives of the last surviving trustee (Trustee Act 1925, ss 36(1) and (6)); or [4] By the court in difficult cases (Trustee Act 1925, s 41).<span><body><html>

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Flashcard 1354641575180

Tags
#co-ownership #land #law
Question
Trustees can be appointed: [4] [...] .
Answer
By the court in difficult cases


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d in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (Trustee Act 1925, s 36(b)); [3] By the personal representatives of the last surviving trustee (Trustee Act 1925, ss 36(1) and (6)); or [4] <span>By the court in difficult cases (Trustee Act 1925, s 41).<span><body><html>

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Flashcard 1354644720908

Tags
#co-ownership #land #law
Question
The appointment of trustees should be by deed. If so, it automatically contains [...], whereby the trust property is vested in the new trustee together with the continuing trustees as joint tenants without any separate conveyance or assignment (Trustee Act 1925, s 40).
Answer
an implied vesting declaration


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The appointment of trustees should be by deed. If so, it automatically contains an implied vesting declaration, whereby the trust property is vested in the new trustee together with the continuing trustees as joint tenants without any separate conveyance or assignment (Trustee Act 1925, s 40).</

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Flashcard 1354646293772

Tags
#co-ownership #land #law
Question
The appointment of trustees should be by deed. If so, it automatically contains an implied vesting declaration, whereby the [...] (Trustee Act 1925, s 40).
Answer
trust property is vested in the new trustee together with the continuing trustees as joint tenants without any separate conveyance or assignment


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The appointment of trustees should be by deed. If so, it automatically contains an implied vesting declaration, whereby the trust property is vested in the new trustee together with the continuing trustees as joint tenants without any separate conveyance or assignment (Trustee Act 1925, s 40).

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Flashcard 1354648128780

Tags
#co-ownership #land #law
Question
In exercising their powers, the trustees must [...] (TLATA 1996, s 6(5)).
Answer
have regard to the rights of the beneficiaries


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In exercising their powers, the trustees must have regard to the rights of the beneficiaries (TLATA 1996, s 6(5)).

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Flashcard 1354649701644

Tags
#co-ownership #land #law
Question
[Trustees] must also [...] and exercise reasonable care and skill (Trustee Act 2000, s 1).
Answer
get the best possible return from the trust property


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[Trustees] must also get the best possible return from the trust property and exercise reasonable care and skill (Trustee Act 2000, s 1).

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Flashcard 1354651274508

Tags
#co-ownership #land #law
Question
[Trustees] must also get the best possible return from the trust property and [...] (Trustee Act 2000, s 1).
Answer
exercise reasonable care and skill


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[Trustees] must also get the best possible return from the trust property and exercise reasonable care and skill (Trustee Act 2000, s 1).

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Flashcard 1354652847372

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#co-ownership #land #law
Question
Trustees have a power to acquire land under Trustee Act 2000, s 8. This allows them to acquire freehold or leasehold land [Where?] as an investment, for occupation by a beneficiary or for any other reason.
Answer
in the United Kingdom


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Trustees have a power to acquire land under Trustee Act 2000, s 8. This allows them to acquire freehold or leasehold land in the United Kingdom as an investment, for occupation by a beneficiary or for any other reason.

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Flashcard 1354655206668

Tags
#co-ownership #land #law
Question
Trustees have a power to acquire land under Trustee Act 2000, s 8. This allows them to acquire freehold or leasehold land in the United Kingdom as [Purpose?]
Answer
an investment, for occupation by a beneficiary or for any other reason.


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Trustees have a power to acquire land under Trustee Act 2000, s 8. This allows them to acquire freehold or leasehold land in the United Kingdom as an investment, for occupation by a beneficiary or for any other reason.

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Flashcard 1354660711692

Tags
#co-ownership #land #law
Question
In addition to the abolition of the doctrine of conversion (TLATA 1996, s 3), which effectively means that [...], TLATA 1996, ss 12 and 13 concern the right of beneficiaries to live in the property subject to the trust.
Answer
the beneficiaries have an interest in land and not just in the sale proceeds


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In addition to the abolition of the doctrine of conversion (TLATA 1996, s 3), which effectively means that the beneficiaries have an interest in land and not just in the sale proceeds, TLATA 1996, ss 12 and 13 concern the right of beneficiaries to live in the property subject to the trust.

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Flashcard 1354662546700

Tags
#co-ownership #land #law
Question
In addition to the abolition of the doctrine of conversion (TLATA 1996, s 3), which effectively means that the beneficiaries have an interest in land and not just in the sale proceeds, TLATA 1996, ss 12 and 13 concern [...]
Answer
the right of beneficiaries to live in the property subject to the trust.


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<head>In addition to the abolition of the doctrine of conversion (TLATA 1996, s 3), which effectively means that the beneficiaries have an interest in land and not just in the sale proceeds, TLATA 1996, ss 12 and 13 concern the right of beneficiaries to live in the property subject to the trust.<html>

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Flashcard 1354808036620

Tags
#co-ownership #land #law
Question
A beneficiary/beneficiaries has/have the right to [...] if either: [1] The trust was set up to provide land for their occupation (solely or jointly); or [2] Subsequent to the creation of the trust, the trustees acquired land for their occupation (solely or jointly).
Answer
occupy the trust land


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A beneficiary/beneficiaries has/have the right to occupy the trust land if either: [1] The trust was set up to provide land for their occupation (solely or jointly); or [2] Subsequent to the creation of the trust, the trustees acquired land for their occupat

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Flashcard 1354825338124

Tags
#co-ownership #land #law
Question
A beneficiary/beneficiaries has/have the right to occupy the trust land if either: [1] [...]; or [2] Subsequent to the creation of the trust, the trustees acquired land for their occupation (solely or jointly).
Answer
The trust was set up to provide land for their occupation (solely or jointly)


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A beneficiary/beneficiaries has/have the right to occupy the trust land if either: [1] The trust was set up to provide land for their occupation (solely or jointly); or [2] Subsequent to the creation of the trust, the trustees acquired land for their occupation (solely or jointly).

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Flashcard 1354964798732

Tags
#co-ownership #land #law
Question
A beneficiary/beneficiaries has/have the right to occupy the trust land if either: [1] The trust was set up to provide land for their occupation (solely or jointly); or [2] [...] (solely or jointly).
Answer
Subsequent to the creation of the trust, the trustees acquired land for their occupation


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A beneficiary/beneficiaries has/have the right to occupy the trust land if either: [1] The trust was set up to provide land for their occupation (solely or jointly); or [2] Subsequent to the creation of the trust, the trustees acquired land for their occupation (solely or jointly).

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Flashcard 1355037412620

Tags
#co-ownership #land #law
Question
[Statute] provides that the right to occupy does not arise if the land is unavailable or unsuitable for occupation by the beneficiary/beneficiaries (e.g. if the land is let to a tenant).
Answer
TLATA s 12(2)


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TLATA s 12(2) provides that the right to occupy does not arise if the land is unavailable or unsuitable for occupation by the beneficiary/beneficiaries (e.g. if the land is let to a tenant).</s

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Flashcard 1355098492172

Tags
#co-ownership #land #law
Question
TLATA s 12(2) provides that the right to occupy does not arise if [...].
Answer
the land is unavailable or unsuitable for occupation by the beneficiary/beneficiaries (e.g. if the land is let to a tenant)


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TLATA s 12(2) provides that the right to occupy does not arise if the land is unavailable or unsuitable for occupation by the beneficiary/beneficiaries (e.g. if the land is let to a tenant).

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Flashcard 1355121036556

Tags
#co-ownership #land #law
Question
TLATA s 12(2) provides that the right to occupy does not arise if the land is unavailable or unsuitable for occupation by the beneficiary/beneficiaries (e.g. [...]).
Answer
if the land is let to a tenant


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TLATA s 12(2) provides that the right to occupy does not arise if the land is unavailable or unsuitable for occupation by the beneficiary/beneficiaries (e.g. if the land is let to a tenant).

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Flashcard 1355379510540

Tags
#co-ownership #land #law
Question
Trustees must [...] of those beneficiaries, or in the case of dispute, to the wishes of the majority by value, but only so far as consistent with the general interest of the trust.
Answer
give effect to the wishes


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Trustees must give effect to the wishes of those beneficiaries, or in the case of dispute, to the wishes of the majority by value, but only so far as consistent with the general interest of the trust.</htm

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Flashcard 1355411754252

Tags
#co-ownership #land #law
Question
Trustees must give effect to the wishes of those beneficiaries, or in the case of dispute, to the wishes of [...], but only so far as consistent with the general interest of the trust.
Answer
the majority by value


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Trustees must give effect to the wishes of those beneficiaries, or in the case of dispute, to the wishes of the majority by value, but only so far as consistent with the general interest of the trust.

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Flashcard 1355435609356

Tags
#co-ownership #land #law
Question
Trustees must give effect to the wishes of those beneficiaries, or in the case of dispute, to the wishes of the majority by value, but [...].
Answer
only so far as consistent with the general interest of the trust


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Trustees must give effect to the wishes of those beneficiaries, or in the case of dispute, to the wishes of the majority by value, but only so far as consistent with the general interest of the trust.

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Flashcard 1355823582476

Tags
#co-ownership #land #law
Question
[Statute] allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to:
1. The exercise of the powers of the trustees; or
2. The need to obtain consents or consult beneficiaries; or
3. The making of a declaration as to the extent of a beneficiary’s interest.
Answer
Section 14 TLATA 1996


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Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an orde

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Flashcard 1355907730700

Tags
#co-ownership #land #law
Question
Section 14 TLATA 1996 allows [Who?], to apply to the court for an order relating to:

1. The exercise of the powers of the trustees; or

2. The need to obtain consents or consult beneficiaries; or

3. The making of a declaration as to the extent of a beneficiary’s interest.
Answer
any trustee, or anyone with an interest in the property subject to the trust of land


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Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to: 1. The exercise of the powers of the trustees; or 2. The need to obtain consents or consult beneficiaries; or

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Flashcard 1355957013772

Tags
#co-ownership #land #law
Question
Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as [...]) subject to the trust of land, to apply to the court for an order relating to:

1. The exercise of the powers of the trustees; or

2. The need to obtain consents or consult beneficiaries; or

3. The making of a declaration as to the extent of a beneficiary’s interest.
Answer
a beneficiary, mortgagee or trustee in bankruptcy


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Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to: 1. The exercise of the powers of the trustees; or 2. The need to obtain consents or

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Flashcard 1355979558156

Tags
#co-ownership #land #law
Question
Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to [...] relating to:

1. The exercise of the powers of the trustees; or

2. The need to obtain consents or consult beneficiaries; or

3. The making of a declaration as to the extent of a beneficiary’s interest.
Answer
apply to the court for an order


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Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to: 1. The exercise of the powers of the trustees; or 2. The need to obtain consents or consult beneficiaries; or 3. The making of a declaration

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Flashcard 1355996859660

Tags
#co-ownership #land #law
Question
Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to:

1. [...]; or

2. The need to obtain consents or consult beneficiaries; or

3. The making of a declaration as to the extent of a beneficiary’s interest.
Answer
The exercise of the powers of the trustees


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Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to: 1. The exercise of the powers of the trustees; or 2. The need to obtain consents or consult beneficiaries; or 3. The making of a declaration as to the extent of a beneficiary’s interest.<span><body></

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Flashcard 1356013112588

Tags
#co-ownership #land #law
Question
Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to:

1. The exercise of the powers of the trustees; or

2. [...]; or

3. The making of a declaration as to the extent of a beneficiary’s interest.
Answer
The need to obtain consents or consult beneficiaries


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h an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to: 1. The exercise of the powers of the trustees; or 2. <span>The need to obtain consents or consult beneficiaries; or 3. The making of a declaration as to the extent of a beneficiary’s interest.<span><body><html>

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Flashcard 1356026744076

Tags
#co-ownership #land #law
Question
Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to:

1. The exercise of the powers of the trustees; or

2. The need to obtain consents or consult beneficiaries; or

3. [...].
Answer
The making of a declaration as to the extent of a beneficiary’s interest


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tee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to: 1. The exercise of the powers of the trustees; or 2. The need to obtain consents or consult beneficiaries; or 3. <span>The making of a declaration as to the extent of a beneficiary’s interest.<span><body><html>

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Flashcard 1356069735692

Tags
#co-ownership #land #law
Question
Section 15 does not apply to an application brought under s 14 by the trustee in bankruptcy of a person interested in co-owned land ([Statute]).
Answer
TLATA 1996, s 15(4)


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Section 15 does not apply to an application brought under s 14 by the trustee in bankruptcy of a person interested in co-owned land (TLATA 1996, s 15(4)). In such a case, the list of relevant factors to which the court must have regard are to be found in Insolvency Act 1986, s 335A

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Flashcard 1356109057292

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#co-ownership #land #law
Question
Section 15 does not apply to an application brought under s 14 by the trustee in bankruptcy of a person interested in co-owned land (TLATA 1996, s 15(4)). In such a case, the list of relevant factors to which the court must have regard are to be found in [Statute]
Answer
Insolvency Act 1986, s 335A


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s not apply to an application brought under s 14 by the trustee in bankruptcy of a person interested in co-owned land (TLATA 1996, s 15(4)). In such a case, the list of relevant factors to which the court must have regard are to be found in <span>Insolvency Act 1986, s 335A<span><body><html>

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Flashcard 1356173544716

Tags
#co-ownership #land #law
Question
the court tend not to postpone sale when the lender is a secured creditor unless, as in [Case], the lender can continue to earn interest in an arrangement with the occupying co-owner who had sought an order postponing sale.
Answer
Shaire


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the court tend not to postpone sale when the lender is a secured creditor unless, as in Shaire, the lender can continue to earn interest in an arrangement with the occupying co-owner who had sought an order postponing sale.

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Flashcard 1356215749900

Tags
#co-ownership #land #law
Question
the court tend not to postpone sale when the lender is a secured creditor unless, as in Shaire, [Circumstance].
Answer
the lender can continue to earn interest in an arrangement with the occupying co-owner who had sought an order postponing sale


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the court tend not to postpone sale when the lender is a secured creditor unless, as in Shaire, the lender can continue to earn interest in an arrangement with the occupying co-owner who had sought an order postponing sale.

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Flashcard 1356290723084

Tags
#co-ownership #land #law
Question
First National Bank plc v Achampong [2003] EWCA Civ 487 in which [Outcome]
Answer
a sale was ordered


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First National Bank plc v Achampong [2003] EWCA Civ 487 in which a sale was ordered as Blackburne J held that the bank should no longer be kept out of its money, even though the wife, her children (one of whom was handicapped) and grandchildren still lived in the pro

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Flashcard 1356352589068

Tags
#co-ownership #land #law
Question
First National Bank plc v Achampong [2003] EWCA Civ 487 in which a sale was ordered as Blackburne J held that the [Ratio], even though the wife, her children (one of whom was handicapped) and grandchildren still lived in the property.
Answer
bank should no longer be kept out of its money


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First National Bank plc v Achampong [2003] EWCA Civ 487 in which a sale was ordered as Blackburne J held that the bank should no longer be kept out of its money, even though the wife, her children (one of whom was handicapped) and grandchildren still lived in the property.

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Flashcard 1356398988556

Tags
#co-ownership #land #law
Question
First National Bank plc v Achampong
Answer
A sale was ordered as Blackburne J held that the bank should no longer be kept out of its money, even though the wife, her children (one of whom was handicapped) and grandchildren still lived in the property.


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First National Bank plc v Achampong [2003] EWCA Civ 487 in which a sale was ordered as Blackburne J held that the bank should no longer be kept out of its money, even though the wife, her children (one of whom was handic

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Flashcard 1356459019532

Tags
#co-ownership #land #law
Question
First National Bank plc v Achampong [2003] EWCA Civ 487 in which a sale was ordered as Blackburne J held that the bank should no longer be kept out of its money, even though [...].
Answer
the wife, her children (one of whom was handicapped) and grandchildren still lived in the property


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First National Bank plc v Achampong [2003] EWCA Civ 487 in which a sale was ordered as Blackburne J held that the bank should no longer be kept out of its money, even though the wife, her children (one of whom was handicapped) and grandchildren still lived in the property.

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Flashcard 1356503846156

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Question
Putnam & Sons v Taylor
Answer
A secured creditor was given precedence over other factors such as the poor health of the husband. Purle J also noted that Mrs Taylor’s reluctance to ‘downsize’ the family home was not of any special significance on the facts.


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Putnam & Sons v Taylor [2009] EWHC 317 (Ch) in which a secured creditor was given precedence over other factors such as the poor health of the husband. Purle J also noted that Mrs Taylor’s reluctance to ‘dow

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Flashcard 1356530322700

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Question
Putnam & Sons v Taylor [2009] EWHC 317 (Ch) in which a secured creditor was given precedence over other factors such as [...]. Purle J also noted that Mrs Taylor’s reluctance to ‘downsize’ the family home was not of any special significance on the facts.
Answer
the poor health of the husband


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Putnam & Sons v Taylor [2009] EWHC 317 (Ch) in which a secured creditor was given precedence over other factors such as the poor health of the husband. Purle J also noted that Mrs Taylor’s reluctance to ‘downsize’ the family home was not of any special significance on the facts.

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Flashcard 1356554964236

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#co-ownership #land #law
Question
Putnam & Sons v Taylor [2009] EWHC 317 (Ch) in which a secured creditor was given precedence over other factors such as the poor health of the husband. Purle J also noted that [...] on the facts.
Answer
Mrs Taylor’s reluctance to ‘downsize’ the family home was not of any special significance


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Putnam & Sons v Taylor [2009] EWHC 317 (Ch) in which a secured creditor was given precedence over other factors such as the poor health of the husband. Purle J also noted that Mrs Taylor’s reluctance to ‘downsize’ the family home was not of any special significance on the facts.

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Flashcard 1356600577292

Tags
#co-ownership #land #law
Question
Fred Perry v Genis
Answer
High Court confirmed that the commercial interests (of creditors) will still take precedence over family interests (post- TLATA).This was despite the fact that the two children’s education at a specialist school would be disrupted; although the court did postpone sale for 12 months to give the family time to relocate.


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Fred Perry v Genis [2015] 1 P&CR DG5 the High Court confirmed that the commercial interests (of creditors) will still take precedence over family interests (post- TLATA).This was despite the fact that

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Flashcard 1356623908108

Tags
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Question
Fred Perry v Genis [2015] 1 P&CR DG5 the High Court confirmed that [...] (post- TLATA).
Answer
the commercial interests (of creditors) will still take precedence over family interests


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Fred Perry v Genis [2015] 1 P&CR DG5 the High Court confirmed that the commercial interests (of creditors) will still take precedence over family interests (post- TLATA).This was despite the fact that the two children’s education at a specialist school would be disrupted; although the court did postpone sale for 12 months to give the famil

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Flashcard 1356656676108

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#co-ownership #land #law
Question
Fred Perry v Genis [2015] 1 P&CR DG5 the High Court confirmed that the commercial interests (of creditors) will still take precedence over family interests (post- TLATA).This was despite the fact [...] although the court did postpone sale for 12 months to give the family time to relocate.
Answer
that the two children’s education at a specialist school would be disrupted;


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Fred Perry v Genis [2015] 1 P&CR DG5 the High Court confirmed that the commercial interests (of creditors) will still take precedence over family interests (post- TLATA).This was despite the fact that the two children’s education at a specialist school would be disrupted; although the court did postpone sale for 12 months to give the family time to relocate.

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Flashcard 1356672929036

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Question
Fred Perry v Genis [2015] 1 P&CR DG5 the High Court confirmed that the commercial interests (of creditors) will still take precedence over family interests (post- TLATA).This was despite the fact that the two children’s education at a specialist school would be disrupted; although [...]
Answer
the court did postpone sale for 12 months to give the family time to relocate.


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High Court confirmed that the commercial interests (of creditors) will still take precedence over family interests (post- TLATA).This was despite the fact that the two children’s education at a specialist school would be disrupted; although <span>the court did postpone sale for 12 months to give the family time to relocate.<span><body><html>

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Flashcard 1356722998540

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Question
If the bankrupt party is a joint tenant at the time of becoming bankrupt, the bankruptcy will amount to an act of severance. The bankrupt party will then become a [...] as to an undivided share in the property, which will then automatically vest in their trustee in bankruptcy (as per Insolvency Act 1986, s 306)
Answer
beneficial tenant in common


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If the bankrupt party is a joint tenant at the time of becoming bankrupt, the bankruptcy will amount to an act of severance. The bankrupt party will then become a beneficial tenant in common as to an undivided share in the property, which will then automatically vest in their trustee in bankruptcy (as per Insolvency Act 1986, s 306)

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Flashcard 1356735057164

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Question
If the bankrupt party is a joint tenant at the time of becoming bankrupt, the bankruptcy will amount to an act of severance. The bankrupt party will then become a beneficial tenant in common as to an undivided share in the property, which will then [...] (as per Insolvency Act 1986, s 306)
Answer
automatically vest in their trustee in bankruptcy


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bankrupt party is a joint tenant at the time of becoming bankrupt, the bankruptcy will amount to an act of severance. The bankrupt party will then become a beneficial tenant in common as to an undivided share in the property, which will then <span>automatically vest in their trustee in bankruptcy (as per Insolvency Act 1986, s 306)<span><body><html>

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Flashcard 1356770184460

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Question
Enterprise Act 2002, which came into force on 1 April 2004, requires a trustee in bankruptcy to [...] within three years of the bankruptcy.
Answer
make an application to realise the bankrupt’s assets


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Enterprise Act 2002, which came into force on 1 April 2004, requires a trustee in bankruptcy to make an application to realise the bankrupt’s assets within three years of the bankruptcy.

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Flashcard 1356801117452

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Question
If a sale is opposed by the other co-owner(s), then the trustee in bankruptcy must [...]. When such an application is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply (s 15(4)). Instead, it is Insolvency Act 1986, s 335A which provides the list of relevant factors to which the court must have regard.
Answer
apply to the court under TLATA 1996, s 14 for an order for sale of the co-owned property


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If a sale is opposed by the other co-owner(s), then the trustee in bankruptcy must apply to the court under TLATA 1996, s 14 for an order for sale of the co-owned property. When such an application is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply (s 15(4)). Instead, it is Insolvency Act 1986,

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Flashcard 1356895751436

Tags
#co-ownership #land #law
Question
Re Bremner
Answer
Where the bankrupt was suffering from terminal cancer and had six months to live, sale was postponed for three months after the bankrupt’s death to allow the elderly spouse to care for him in their own home during the latter stages of his life.


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Re Bremner [1999] 1 FLR 912 Where the bankrupt was suffering from terminal cancer and had six months to live, sale was postponed for three months after the bankrupt’s death to allow the elderly s

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Flashcard 1356922227980

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Question
Re Bremner [1999] 1 FLR 912 Where the bankrupt was suffering from terminal cancer and had six months to live, [Outcome] .
Answer
sale was postponed for three months after the bankrupt’s death


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Re Bremner [1999] 1 FLR 912 Where the bankrupt was suffering from terminal cancer and had six months to live, sale was postponed for three months after the bankrupt’s death to allow the elderly spouse to care for him in their own home during the latter stages of his life.

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Flashcard 1356957355276

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Question
Re Bremner [1999] 1 FLR 912 Where the bankrupt was suffering from [...], sale was postponed for three months after the bankrupt’s death to allow the elderly spouse to care for him in their own home during the latter stages of his life.
Answer
terminal cancer and had six months to live


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Re Bremner [1999] 1 FLR 912 Where the bankrupt was suffering from terminal cancer and had six months to live, sale was postponed for three months after the bankrupt’s death to allow the elderly spouse to care for him in their own home during the latter stages of his life.

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Flashcard 1357031279884

Tags
#co-ownership #land #law
Question
If the bankrupt party is a joint tenant at the time of becoming bankrupt, the bankruptcy will [...].
Answer
amount to an act of severance


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If the bankrupt party is a joint tenant at the time of becoming bankrupt, the bankruptcy will amount to an act of severance.

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Flashcard 1357080300812

Tags
#co-ownership #land #law
Question
If the bankrupt party is a [...] at the time of becoming bankrupt, the bankruptcy will amount to an act of severance.
Answer
joint tenant


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If the bankrupt party is a joint tenant at the time of becoming bankrupt, the bankruptcy will amount to an act of severance.

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Flashcard 1357111233804

Tags
#co-ownership #land #law
Question
Retirement of a trustee should be [...].
Answer
by deed


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Retirement of a trustee should be by deed.

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Flashcard 1357209537804

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Question
There can be no retirement if [...] (Trustee Act 1925, ss 40 and 39).
Answer
this will leave just one trustee


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There can be no retirement if this will leave just one trustee (Trustee Act 1925, ss 40 and 39).

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Flashcard 1357223693580

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Question
There can be no retirement if this will leave just one trustee ([Statute]).
Answer
Trustee Act 1925, ss 40 and 39


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There can be no retirement if this will leave just one trustee (Trustee Act 1925, ss 40 and 39).

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Flashcard 1357271403788

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Question
A trustee cannot, however, retire without [...] and there can be no retirement if this will leave just one trustee (Trustee Act 1925, ss 40 and 39).
Answer
a simultaneous new appointment without the consent of the co-trustees


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A trustee cannot, however, retire without a simultaneous new appointment without the consent of the co-trustees and there can be no retirement if this will leave just one trustee (Trustee Act 1925, ss 40 and 39).

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Flashcard 1357323046156

Tags
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Question
Rodway v Landy
Answer
the court resolved a dispute between two GPs who were joint tenants of a surgery, by dividing the surgery into two and giving each GP the right to occupy their half of the surgery.


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Rodway v Landy [2001] Ch 703 where the court resolved a dispute between two GPs who were joint tenants of a surgery, by dividing the surgery into two and giving each GP the right to occupy their half o

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Flashcard 1357353717004

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#co-ownership #land #law
Question
Court resolved a dispute between two GPs who were joint tenants of a surgery, by dividing the surgery into two and giving each GP the right to occupy their half of the surgery.
Answer
Rodway v Landy


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Rodway v Landy [2001] Ch 703 where the court resolved a dispute between two GPs who were joint tenants of a surgery, by dividing the surgery into two and giving each GP the right to occupy their half of the surgery.

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Flashcard 1357392776460

Tags
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Question
Rodway v Landy [2001] Ch 703 where the court resolved a dispute between two GPs who were joint tenants of a surgery, by [...].
Answer
dividing the surgery into two and giving each GP the right to occupy their half of the surgery


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Rodway v Landy [2001] Ch 703 where the court resolved a dispute between two GPs who were joint tenants of a surgery, by dividing the surgery into two and giving each GP the right to occupy their half of the surgery.

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Flashcard 1357438389516

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in [Statute] including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home;
4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
s 15


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The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including: 1. The intentions of the person(s) who created the trust; 2. The purposes for which the trust property is held; 3. The welfare of any minors who occupy the trus

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Flashcard 1357474303244

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. [...];
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home;
4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
The intentions of the person(s) who created the trust


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The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including: 1. The intentions of the person(s) who created the trust; 2. The purposes for which the trust property is held; 3. The welfare of any minors who occupy the trust land as their home; 4. The interests of any secured creditor of a

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Flashcard 1357490556172

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. [...];
3. The welfare of any minors who occupy the trust land as their home;
4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
The purposes for which the trust property is held


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he court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including: 1. The intentions of the person(s) who created the trust; 2. <span>The purposes for which the trust property is held; 3. The welfare of any minors who occupy the trust land as their home; 4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages

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Flashcard 1357517294860

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. [...];
4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
The welfare of any minors who occupy the trust land as their home


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n under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including: 1. The intentions of the person(s) who created the trust; 2. The purposes for which the trust property is held; 3. <span>The welfare of any minors who occupy the trust land as their home; 4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property; 5. The circumstances and wishes of the ben

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Flashcard 1357535644940

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home;
4. [...] ;
5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
The interests of any secured creditor of any beneficiary.


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he matters set out in s 15 including: 1. The intentions of the person(s) who created the trust; 2. The purposes for which the trust property is held; 3. The welfare of any minors who occupy the trust land as their home; 4. <span>The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property; 5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in

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Flashcard 1357571558668

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home;
4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. [...]
Answer
The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.


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rust property is held; 3. The welfare of any minors who occupy the trust land as their home; 4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property; 5. <span>The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.<span><body><html>

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Flashcard 1357599608076

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home;
4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. The circumstances and wishes of the beneficiaries [...] and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
of full age


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minors who occupy the trust land as their home; 4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property; 5. The circumstances and wishes of the beneficiaries <span>of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.<span><body><html>

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Flashcard 1357627395340

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home;
4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. The circumstances and wishes of the beneficiaries of full age and [...] or in the case of dispute, to the wishes of the majority by value.
Answer
entitled to an interest in possession in the property subject to the trust


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y the trust land as their home; 4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property; 5. The circumstances and wishes of the beneficiaries of full age and <span>entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.<span><body><html>

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Flashcard 1357642599692

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home;
4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest [...] in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
in possession


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r home; 4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property; 5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest <span>in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.<span><body><html>

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Flashcard 1357660949772

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home;
4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the [...] or in the case of dispute, to the wishes of the majority by value.
Answer
property subject to the trust


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nterests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property; 5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the <span>property subject to the trust or in the case of dispute, to the wishes of the majority by value.<span><body><html>

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Flashcard 1357717835020

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Question
The Mortgage Corporation v Shaire
Answer
Neuberger J held that TLATA 1996, s 15 had changed the law and the court now had greater flexibility in dealing with applications. Old case law should, therefore, be treated with caution, although not jettisoned


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The Mortgage Corporation v Shaire and others [2001] Ch 743 Neuberger J held that TLATA 1996, s 15 had changed the law and the court now had greater flexibility in dealing with applications. Old case law should, therefore

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Flashcard 1357745360140

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Question
Neuberger J held that TLATA 1996, s 15 had changed the law and the court now had greater flexibility in dealing with applications. Old case law should, therefore, be treated with caution, although not jettisoned
Answer
The Mortgage Corporation v Shaire


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The Mortgage Corporation v Shaire and others [2001] Ch 743 Neuberger J held that TLATA 1996, s 15 had changed the law and the court now had greater flexibility in dealing with applications. Old case law should, therefore, be treated with caution, although not jettisoned

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Flashcard 1357770788108

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Question
The Mortgage Corporation v Shaire and others [2001] Ch 743 Neuberger J held that [Statute] had changed the law and the court now had greater flexibility in dealing with applications. Old case law should, therefore, be treated with caution, although not jettisoned
Answer
TLATA 1996, s 15


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The Mortgage Corporation v Shaire and others [2001] Ch 743 Neuberger J held that TLATA 1996, s 15 had changed the law and the court now had greater flexibility in dealing with applications. Old case law should, therefore, be treated with caution, although not jettisoned

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Flashcard 1357816139020

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Question
The Mortgage Corporation v Shaire and others [2001] Ch 743 Neuberger J held that TLATA 1996, s 15 had changed the law and the court now had greater flexibility in dealing with applications. Old case law should, therefore, [...]
Answer
be treated with caution, although not jettisoned


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ad>The Mortgage Corporation v Shaire and others [2001] Ch 743 Neuberger J held that TLATA 1996, s 15 had changed the law and the court now had greater flexibility in dealing with applications. Old case law should, therefore, be treated with caution, although not jettisoned<html>

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Flashcard 1357872237836

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Question
a powerful consideration is and ought to be [...]. (Gibson LJ in Ireland Mortgages v Bell)
Answer
whether the creditor is receiving proper recompense for being kept out of his money, repayment of which is overdue


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a powerful consideration is and ought to be whether the creditor is receiving proper recompense for being kept out of his money, repayment of which is overdue. (Gibson LJ in Ireland Mortgages v Bell)

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Flashcard 1357888490764

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Question
a powerful consideration is and ought to be whether the creditor is receiving proper recompense for being kept out of his money, repayment of which is overdue. ([...] in Ireland Mortgages v Bell)
Answer
Gibson LJ


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a powerful consideration is and ought to be whether the creditor is receiving proper recompense for being kept out of his money, repayment of which is overdue. (Gibson LJ in Ireland Mortgages v Bell)

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Flashcard 1357897403660

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Question
a powerful consideration is and ought to be whether the creditor is receiving proper recompense for being kept out of his money, repayment of which is overdue. (Gibson LJ in [...])
Answer
Ireland Mortgages v Bell


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a powerful consideration is and ought to be whether the creditor is receiving proper recompense for being kept out of his money, repayment of which is overdue. (Gibson LJ in Ireland Mortgages v Bell)

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Flashcard 1357931744524

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Question
when a person becomes bankrupt, their assets [...].
Answer
vest in the trustee in bankruptcy


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when a person becomes bankrupt, their assets vest in the trustee in bankruptcy.

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Flashcard 1357963726092

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Question
TLATA 1996, s14 is of less relevance to [...]
Answer
married couples


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TLATA 1996, s14 is of less relevance to married couples as disputes here are resolved under the Matrimonial Causes Act (MCA) 1973.

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Flashcard 1358013271308

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Question
TLATA 1996, s14(2)(a) also empowers the court to [...]
Answer
dispense with any requisite consent to a sale or to consult any person in connection with the exercise of their power of sale.


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TLATA 1996, s14(2)(a) also empowers the court to dispense with any requisite consent to a sale or to consult any person in connection with the exercise of their power of sale.

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Flashcard 1358050495756

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Question
Re Haghighat (A Bankrupt)
Answer
An order for possession of a bankrupt’s property in favour of the trustee in bankruptcy was postponed for three years. The eldest child of the bankrupt lived in the property and was seriously disabled with cerebral palsy and required continuous care.


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Re Haghighat (A Bankrupt) An order for possession of a bankrupt’s property in favour of the trustee in bankruptcy was postponed for three years. The eldest child of the bankrupt lived in the property and was seri

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Flashcard 1358087458060

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Question
Re Haghighat (A Bankrupt) An order for possession of a bankrupt’s property in favour of the trustee in bankruptcy was [Outcome]. The eldest child of the bankrupt lived in the property and was seriously disabled with cerebral palsy and required continuous care.
Answer
postponed for three years


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Re Haghighat (A Bankrupt) An order for possession of a bankrupt’s property in favour of the trustee in bankruptcy was postponed for three years. The eldest child of the bankrupt lived in the property and was seriously disabled with cerebral palsy and required continuous care.

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Flashcard 1358127566092

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Question
Re Haghighat (A Bankrupt) An order for possession of a bankrupt’s property in favour of the trustee in bankruptcy was postponed for three years. [Why?]
Answer
The eldest child of the bankrupt lived in the property and was seriously disabled with cerebral palsy and required continuous care.


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Re Haghighat (A Bankrupt) An order for possession of a bankrupt’s property in favour of the trustee in bankruptcy was postponed for three years. The eldest child of the bankrupt lived in the property and was seriously disabled with cerebral palsy and required continuous care.

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Flashcard 1358169771276

Tags
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Question
Re Raval
Answer
A short postponement of an order for sale was allowed where there was a paranoid schizophrenic spouse who could have been seriously affected by a move.


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Re Raval [1998] 2 FLR 718 A short postponement of an order for sale was allowed where there was a paranoid schizophrenic spouse who could have been seriously affected by a move.</

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Flashcard 1358193102092

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Question
Re Raval [1998] 2 FLR 718 [Outcome] where there was a paranoid schizophrenic spouse who could have been seriously affected by a move.
Answer
A short postponement of an order for sale was allowed


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Re Raval [1998] 2 FLR 718 A short postponement of an order for sale was allowed where there was a paranoid schizophrenic spouse who could have been seriously affected by a move.

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Flashcard 1358224821516

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Question
Re Raval [1998] 2 FLR 718 A short postponement of an order for sale was allowed where [Why?].
Answer
there was a paranoid schizophrenic spouse who could have been seriously affected by a move


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Re Raval [1998] 2 FLR 718 A short postponement of an order for sale was allowed where there was a paranoid schizophrenic spouse who could have been seriously affected by a move.

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Flashcard 1358275677452

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Question
Ali v Hussein
Answer
There were several co-owners, one of whom wished the land to be sold in order to retrieve his investment. The court made an order postponing the sale for a period of some months to allow the other co-owners to get together in order to buy out the co-owner who wished to be released.


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Ali v Hussein (1974) 231 EG 372 In this case, there were several co-owners, one of whom wished the land to be sold in order to retrieve his investment. The court made an order postponing the sale for

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Flashcard 1358326271244

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Question
Ali v Hussein (1974) 231 EG 372 In this case, there were several co-owners, one of whom wished the land to be sold in order to retrieve his investment. [Outcome]
Answer
The court made an order postponing the sale for a period of some months


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Ali v Hussein (1974) 231 EG 372 In this case, there were several co-owners, one of whom wished the land to be sold in order to retrieve his investment. The court made an order postponing the sale for a period of some months to allow the other co-owners to get together in order to buy out the co-owner who wished to be released. Here, under the pre-TLATA 1996 principles, the court was clearly trying to mainta

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Flashcard 1358357990668

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Question
Ali v Hussein (1974) 231 EG 372 In this case, there were several co-owners, one of whom wished the land to be sold in order to retrieve his investment. The court made an order postponing the sale for a period of some months [Why?].
Answer
to allow the other co-owners to get together in order to buy out the co-owner who wished to be released


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>Ali v Hussein (1974) 231 EG 372 In this case, there were several co-owners, one of whom wished the land to be sold in order to retrieve his investment. The court made an order postponing the sale for a period of some months to allow the other co-owners to get together in order to buy out the co-owner who wished to be released. Here, under the pre-TLATA 1996 principles, the court was clearly trying to maintain a balance between the respective interests of the parties. The court can take a similar approach und

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Flashcard 1358399147276

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Question
Ali v Hussein (1974) 231 EG 372 In this case, there were several co-owners, one of whom wished the land to be sold in order to retrieve his investment. The court made an order postponing the sale for a period of some months to allow the other co-owners to get together in order to buy out the co-owner who wished to be released. Here, under the pre-TLATA 1996 principles, the court was clearly trying to [...]. The court can take a similar approach under TLATA 1996
Answer
maintain a balance between the respective interests of the parties


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made an order postponing the sale for a period of some months to allow the other co-owners to get together in order to buy out the co-owner who wished to be released. Here, under the pre-TLATA 1996 principles, the court was clearly trying to <span>maintain a balance between the respective interests of the parties. The court can take a similar approach under TLATA 1996<span><body><html>

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Flashcard 1358437420300

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Question
Dennis v McDonald
Answer
A co-habiting couple bought a house as tenants in common in equal shares. They had five children. Due to the man’s violence, the woman left the house with the two younger children. The man continued to reside in the house with the other three children. The Court of Appeal refused to order a sale, but ordered the man to pay occupation rent to the woman that amounted to half a fair rent for the premises.


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Dennis v McDonald [1981] 1 WLR 810 A co-habiting couple bought a house as tenants in common in equal shares. They had five children. Due to the man’s violence, the woman left the house with the two youn

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Flashcard 1358473334028

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Question
Dennis v McDonald [1981] 1 WLR 810 A co-habiting couple bought a house as tenants in common in equal shares. They had five children. Due to the man’s violence, the woman left the house with the two younger children. The man continued to reside in the house with the other three children. [Outcome].
Answer
The Court of Appeal refused to order a sale, but ordered the man to pay occupation rent to the woman that amounted to half a fair rent for the premises


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couple bought a house as tenants in common in equal shares. They had five children. Due to the man’s violence, the woman left the house with the two younger children. The man continued to reside in the house with the other three children. <span>The Court of Appeal refused to order a sale, but ordered the man to pay occupation rent to the woman that amounted to half a fair rent for the premises.<span><body><html>

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Flashcard 1358505053452

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Question
Dennis v McDonald [1981] 1 WLR 810 A co-habiting couple bought a house as tenants in common in equal shares. They had five children. Due to the man’s violence, the woman left the house with the two younger children. The man continued to reside in the house with the other three children. The Court of Appeal refused to order a sale, but ordered the man to pay [...] to the woman that amounted to half a fair rent for the premises.
Answer
occupation rent


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ve children. Due to the man’s violence, the woman left the house with the two younger children. The man continued to reside in the house with the other three children. The Court of Appeal refused to order a sale, but ordered the man to pay <span>occupation rent to the woman that amounted to half a fair rent for the premises.<span><body><html>

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Flashcard 1358522354956

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Question
Dennis v McDonald [1981] 1 WLR 810 A co-habiting couple bought a house as tenants in common in equal shares. They had five children. Due to the man’s violence, the woman left the house with the two younger children. The man continued to reside in the house with the other three children. The Court of Appeal refused to order a sale, but ordered the man to pay occupation rent to the woman that amounted to [...].
Answer
half a fair rent for the premises


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man left the house with the two younger children. The man continued to reside in the house with the other three children. The Court of Appeal refused to order a sale, but ordered the man to pay occupation rent to the woman that amounted to <span>half a fair rent for the premises.<span><body><html>

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TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).

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TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)). They must be unanimous (TLATA 1996, s 19(2)). Beneficiaries may give to the trustee(s) a written direction to retire from the trust and/or a written direction to appoint by writing th

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Flashcard 1358675184908

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Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is [...] and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
Answer
no person nominated in the trust instrument for the purpose of appointing trustees


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Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is <span>no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<span><body><html>

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Flashcard 1358676757772

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Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and [...] and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
Answer
the beneficiaries are all together sui juris


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trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and <span>the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<span><body><html>

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Flashcard 1358678330636

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Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and [...] (TLATA 1996, s 19(1)(b)).
Answer
absolutely entitled to the trust property


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them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and <span>absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<span><body><html>

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Flashcard 1358679903500

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Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if [...] (TLATA 1996, s 19(1)(b)).
Answer
there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property


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d Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if <span>there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<span><body><html>

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Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to [...]. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
Answer
select new trustees (although they cannot actually appoint them) and to require existing trustees to retire


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TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui j

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Flashcard 1358683049228

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Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to [...] and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
Answer
select new trustees (although they cannot actually appoint them)


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TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees an

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Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to [...]. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
Answer
require existing trustees to retire


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TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui j

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Question
[Statute] has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
Answer
TLATA 1996, s19


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TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing

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Flashcard 1358688554252

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Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property ([Statute])
Answer
TLATA 1996, s 19(1)(b)


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etire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (<span>TLATA 1996, s 19(1)(b)).<span><body><html>

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Flashcard 1358691175692

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Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s [...])
Answer
19(1)(b)


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iaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s <span>19(1)(b)).<span><body><html>

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Flashcard 1358720797964

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#interests #land #law
Question
Transfer of an Existing Equitable Interest

(a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c).

(b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with LP(MP)A 1989, s 2) and [...], on the basis that equity sees as done that which ought to be done.
Answer
specific performance must be available


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3; (a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c). (b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with LP(MP)A 1989, s 2) and <span>specific performance must be available, on the basis that equity sees as done that which ought to be done. (c) Where the holder of an absolute title in an estate in land transfers his legal estate without mention

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#contract #law #terms
Bannerman v White (1861) 10 CB NS 844

FACTS: In respect of negotiations to purchase hops, the defendants said 'if they have been treated with sulphur, I am not interested in even knowing the price of them'. When the plaintiff produced samples, the defendants again enquired whether sulphur had been used and were assured that it had not. In fact, a small amount of the crop, some five acres out of a total of 300 acres, had been treated with sulphur. The defendants treated the contract as repudiated and the question as to whether they were entitled to do so hinged upon whether it could be regarded as a condition of the agreement that the hops may be rejected if sulphur had been used. It was argued by the plaintiff that the conversation relating to the sulphur was preliminary to entering the contract and, as such, was not part of the contract. HELD: The statement was understood and intended by the parties to be a term of the contract of sale.

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#contract #law #terms
If the statement was made at the time of contracting it is more likely to be a term of contract than if it was made at an early stage of the negotiations.

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#contract #law #terms
If, on the other hand, there is a delay between the making of the statement and the parties entering into the contract then it is less likely to be treated as a term: Routledge v McKay

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#contract #law #terms
Routledge v McKay [1954] 1 WLR 615

FACTS: The private seller of a motorcycle told the buyer, in good faith, that it was a 1941 or 1942 model. One week later, the buyer and seller entered into a contract of sale. The written memorandum of the sale did not mention the year of the model. The motor cycle was a 1930 model and the buyer sued for breach of contract. HELD: The Court of Appeal held that the lapse of time between the making of the statement and entering into the contract meant the statement as to the year of the model was a representation and not a term of the contract.

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#contract #law #terms
It is also apparent from the decision in Routledge v McKay [1954] 1 WLR 615 that the court was influenced by the fact that the contract had been reduced into writing and yet the previous oral statement was not included. The inference drawn by the court was that the statement could not have been regarded as significant by the parties. If it had been, they would have ensured its inclusion in the written agreement. Consequently, the court concluded that the statement regarding the year of the model was never intended to be a term of the contract but a representation.

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#contract #law #terms
In Birch v Paramount Estates (1956), 16 EG 396 the defendants made a statement regarding the quality of a house that was being sold, but the written contract made no reference to this. Nevertheless, the Court of Appeal regarded the statement as a contractual term. Here, the other factor, which was taken into account, was that the defendants, who were making the statement, were held to have special skill and knowledge.

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#contract #law #terms
Where the party who made the statement had exclusive access to information or special knowledge as compared with the other party, this is likely to be taken into account in the latter's favour. This factor is obviously perceptible in Couchman v Hill [1947] KB 554 and, as noted above, in Birch v Paramount (1956). Perhaps the best indication of the effect of the concept of skill and knowledge can be seen in the contrasting cases of Oscar Chess Ltd v Williams [1957] 1 WLR 370 and Dick Bentley v Harold Smith [1965] 1 WLR 623.

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#contract #law #terms
Oscar Chess Ltd v Williams [1957] 1 WLR 370

FACTS: The plaintiff car dealers, Oscar Chess Ltd, agreed on a trade-in of the defendant's old car as part of the arrangement when he purchased another car from them. The registration book of the car traded in gave its date as 1948. The defendant, Williams, confirmed this date in good faith. Some months later, it was discovered that the date should have been 1939. The car was thus worth much less than the amount allowed for it in the trade-in arrangement. HELD by a majority of the Court of Appeal: The age of the car was not a term of the contract and therefore there was no breach of contract by the defendant. Here, it was clear that the skill and expertise lay in the hands of the plaintiff, the car dealers, and not in the hands of Williams who was making the statement. Consequently, the statement remained as a representation without contractual force. In contrast, in Dick Bentley Productions v Harold Smith (Motors) the skill and expertise was in the hands of the statement maker and thus the statement amounted to a term of the contract, the breach of which entitled the plaintiff to damages.

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#contract #law #terms
Dick Bentley Productions v Harold Smith [1965] 1 WLR 623

FACTS: The plaintiff, Mr Bentley, told Mr Smith, of the defendant company, that he was on the look-out for a well-vetted Bentley car. Mr Smith subsequently obtained a Bentley car and Mr Bentley went to see it. Mr Smith told Mr Bentley that the car had done 20,000 miles only since the fitting of a new engine and gearbox. The mileometer also showed 20,000 miles. Later that day, Mr Bentley took his wife to see the car and Mr Smith repeated his statement. Mr Bentley took the car out for a run and then bought it for £1,850. The car was a disappointment to Mr Bentley and it soon became clear that the car had done more than 20,000 miles since the change of engine and gearbox. HELD by the Court of Appeal: distinguishing Oscar Chess Ltd v Williams, that the statement as to the mileage was a term of the contract. The defendant was a car dealer who should be taken to have better knowledge of such matters than the plaintiff, who was not involved in the motor trade.

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#contract #law #terms
A statement may become a term of the contract where the vendor expressly accepts the responsibility for the soundness of the sale item in question. This factor was taken into account in Schawel v Reade

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#contract #law #terms
Schawel v Reade [1913] 2 IR 81 (HL). Here, the plaintiff required a horse for stud purposes. The plaintiff attempted to examine the defendant's horse but was told that he need not look for anything and that the horse was sound in every way. The price was agreed and delivery of the horse took place three weeks later. The horse was not in fact fit for stud purposes and the judge directed the jury to consider two points: first, did the defendant, at the time of the sale, represent that the horse was fit for stud purposes? Second, did the purchaser act on that in purchasing the horse? Both questions were answered in the affirmative and consequently, the statement was deemed to be a term of the contract.

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#contract #law #terms
Hopkins v Tanqueray (1854) 15 CB 130. In Hopkins, the plaintiff purchased the defendant's horse at auction. One day prior to the auction the defendant, finding the plaintiff examining the horse's legs, declared, 'You need not examine his legs: you have nothing to look for. I assure you that he is perfectly sound in every respect.' In these circumstances, the Court of Common Pleas held that the defendant's statement was not a term but a mere representation. It is usually argued that the distinction between the two cases rests on the evidence given by the defendant in the latter case that horses sold at auction were never warranted unless this was expressly stated in the catalogue.

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#contract #law #terms
a period of delay between the making of the statement and the entering into of the contract will generally indicate that a statement was intended as a mere representation rather than a contractual term.

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#contract #law #terms
Another factor which may have been at work in Schawel v Reade was that the defendant, by the strength of his statement, actually dissuaded the plaintiff from making further checks himself with regard to the fitness of the horse for stud purposes. This can be contrasted with Ecay v Godfrey (1947) 80 Lloyd's Rep 286 where the seller of a boat stated that it was sound but advised the buyer to have it surveyed. This advice showed that the seller did not intend that his statement should be taken as a term of the contract and that the onus of verification of the soundness of the boat lay with the purchaser.

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#contract #law #terms
express terms can be either written, oral, or partly written and partly oral.

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#contract #law #terms
once the distinction has been made between oral statements which are of contractual effect and those which are representations, orally expressed terms are of equal effect to express written terms.

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#contract #law #terms
According to the so-called 'parol evidence rule', extrinsic evidence, oral or otherwise, may not be adduced which seeks to add, vary or contradict the terms of a written contract. Thus, in Jacobs v Batavia & General Plantations Trust [1924] 1 Ch 287 it was stated that: 'parol evidence will not be admitted to prove that some particular term, which had been verbally agreed upon, had been omitted (by design or otherwise) from a written instrument constituting a valid and operative contract between the parties'.

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#contract #law #terms
by construing a contract as partly written and partly oral, it will always be possible for the court to circumvent the parol evidence rule, which applies only to those contracts where the written document is intended to contain the whole of the agreement.

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#contract #law #terms
Collateral contracts can be seen as a further exception to the parol evidence rule, as indeed, can the whole range of implied terms.

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#contract #law #terms
in 1986 the Law Commission conceded that legislation was no longer necessary as the 'rule' did not prevent the courts from looking outside the written document where that was the intention of the parties.

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#contract #law #terms
some non-written terms were intended to be part of the contract, the parol evidence rule would never exclude them. In order to clarify this apparent confusion, the general approach utilised in practice is that where one party is reasonably entitled to assume that the writing does contain all the terms of the contract, the other party will not be allowed to give evidence that it does not. J Evans & Son (Portsmouth) Ltd v Andrea Merzario Ltd [1976] 1 WLR 1078 FACTS: The plaintiffs, importers of machines, regularly contracted with the defendant forwarding agents. On every occasion the machines were carried below deck in crates or trailers so as to avoid the risk of corrosion. In 1967, the defendants proposed to change to containerised transportation to enable them to carry goods both above and below deck. However, in discussions with the plaintiffs, the defendants gave them an oral assurance that their machines would be packed in containers but would always be carried below deck. About a year later, such a container was inadvertently carried on deck and was lost overboard. HELD by the Court of Appeal: The oral promise did have contractual force, principally on the basis that the defendant attached great importance to the carriage of his goods under deck and also on the basis that he would not have agreed to the new mode of carriage but for the promise. According to Roskill and Geoffrey Lane LJJ, the oral assurance was an express term of the contract and, as the contract was partly oral and partly written, evidence of the oral term was admissible. This was also the result in Couchman v Hill [1947] KB 554 where the documents in the case were held to form not the whole but only part of the contract; the oral assurance could be laid side-by-side with them so as to constitute a single and binding transaction.

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#contract #law #terms
Another device that takes the problem out of the ambit of the parol evidence rule is the use of collateral contracts. By using this device, the court may hold that there are in fact two contracts: the written contract to which the parol evidence rule does apply and the oral collateral contract to which the rule does not apply. The basis for the latter is that an extrinsic oral assurance is given, the consideration for that promise being that the recipient then enters into the main written agreement: clearly a benefit to the other party.

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#contract #law #terms
City and Westminster Properties Ltd v Mudd [1959] Ch 129 FACTS: The defendant was a tenant of a lock up shop and slept in the office at the back of the shop, a fact which was known to the lessor. In 1947, during negotiations for a new lease, the defendant was sent a draft of a new lease containing a covenant by the lessee 'not to permit or suffer the demised premises or any part thereof to be used as a place for lodging, dwelling or sleeping'. The plaintiff's agent told the defendant that, if he signed the lease, the plaintiff would not object to his continuing to live in the shop. The defendant therefore signed in response to this assurance. Some years later, the plaintiff sought forfeiture of the lease on the ground of breach of this covenant. HELD: As the defendant had signed the lease only because of the promise by the plaintiff's agent, he was entitled to rely on that promise as long as he was in occupation of the shop.

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#contract #law #terms
Alternatively, the collateral contract may be between only one of the parties to the other contract and a third party, as in Shanklin Pier v Detel Products [1951] 2 KB 854. The rules governing the discovery of the presumed intention of the parties will be applied. Thus, where A enters a contract with B on the faith of an express promise by C, there is a collateral contract between A and C. This principle is of general application, but it is of special significance with respect to the relationship between a guarantor and the principal debtor, and to the relationship between dealer and hirer in contracts of hire-purchase.

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#contract #law #terms
Shanklin Pier v Detel Products [1951] 2 KB 854 FACTS: The plaintiffs, the owners of a pier, entered into a contract with a contractor to have the pier repaired and repainted. Under the terms of this contract, the plaintiffs had the right to specify the paint to be used by the contractor. On the faith of statements made by the defendants to the plaintiffs with regard to the defendants' paint and its fitness for painting the pier, the plaintiffs specified the paint to the contractor who bought the necessary quantity from the defendants. The paint proved to be quite unsuitable for painting the pier. The plaintiffs contended that the statements made to them by the defendants with regard to the suitability of the paint were enforceable warranties given in consideration of their specifying the paint to their contractor. HELD: The defendants' statements constituted a binding warranty, the breach of which entitled the plaintiffs to damages.

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#contract #law #terms
Where a term of a contract is particularly onerous or unusual, and would not be generally known to the other party, the party seeking to enforce that term has to show that it has been fairly and reasonably brought to the attention of the other party: Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd

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The word economy comes from the Greek word oikonomos, which means “one who manages a household.”

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#contract #law #terms
Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1989] 1 QB 433 FACTS: The defendants were an advertising agency and the plaintiffs ran a library of photographic transparencies. They had not dealt with each other before. The defendants needed period photographs of the 1950s for a presentation. On 5 March 1984, they telephoned the plaintiffs, enquiring whether they had any photographs of that period which might be suitable. On the same day, the plaintiffs dispatched to the defendants 47 transparencies packed in a jiffy bag together with a delivery note. The transparencies were, however, apparently overlooked and not used. They were eventually returned on 2 April. The plaintiffs sent an invoice for the holding charge calculated at £5 per transparency per day from 19 March to 2 April, total £3,783.50. This was calculated in accordance with the terms laid out in the delivery note. The defendants refused to pay and the plaintiffs sued for the amount invoiced. The issue before the court was whether the terms of the delivery note formed part of the contract between the parties and, if so, whether the plaintiffs could enforce these terms against the defendants. HELD by the Court of Appeal: The clause could not be enforced. It was an extortionate clause which the plaintiffs had not brought to the attention of the defendants and therefore it did not become part of the contract. The defendants were ordered to pay a sum which the trial judge would have awarded on a quantum meruit on his alternative findings, i.e. the reasonable charge of £3.50 per transparency per week for the retention of the transparencies beyond a reasonable period fixed as 14 days from the date of their receipt by the defendants.

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#contract #law #terms
A term may be implied in a contract on the basis of fact or law. A term is implied in fact to give effect to the presumed but unexpressed intentions of the parties whereas a term implied in law, either by the courts or by statute, is effective regardless of the intention of the parties.

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Scarcity means that society has limited resources and therefore can't produce all the goods and services people wish to have.

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#contract #law #terms
In Scancarriers v Aotearoa International (1985), the Privy Council made it clear that the process of implication is available only where a binding contract has been made. The process of implication is not relevant until the formation of a contract has been completed

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#contract #law #terms
In order to discover the unexpressed intention of the parties, the courts may take notice of the following: trade customs, the conduct of the parties, a course of dealing between the parties and the need to give 'business efficacy' to a contract. It must be emphasised that, where the parties have made an unambiguous express provision in their contract, the court will not imply a term to the contrary: see the House of Lords' decision in Trollope Colls v North West Regional Hospital Board [1973] 1 WLR 601.

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Economics is the study of how society manages its scarce resources.

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#contract #law #terms
Where a term is implied on the grounds of a custom, the implication is based on the assumption that it was the intention of the parties to be bound by the custom. A custom can, of course, be excluded from an agreement by an express term to that effect. In British Crane Hire v Ipswich Plant [1975] QB 303, the contract involved the hiring of a crane. Both parties to the contract were in the same trade. The owner of a crane sought to rely on his usual terms, even though these were not actually stated at the time of contracting. The owner's terms were based on a model supplied by the trade association and were common in the trade. The court held that the owner’s standard terms and conditions were incorporated by a common trade custom.

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#contract #law #terms
A term may be implied into an agreement on the basis that the parties have dealt with each other on many occasions over a long period of time. A term will only be implied in these circumstances where the dealings of the parties have followed a consistent and regular pattern (see McCutcheon v MacBrayne [1964] 1 WLR 125 and Hollier v Ramblers Motors [1972] 2 QB 71).

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Economists, therefore, study how people make decisions: how much they work, what they buy, how much they save, and how they invest their savings. Economists also study how people in- teract with one another. For instance, they examine how the multitude of buyers and sellers of a good together determine the price at which the good is sold and the quantity that is sold. Finally, economists analyze forces and trends that affect the economy as a whole, including the growth in average income, the fraction of the population that cannot find work, and the rate at which prices are rising.

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#contract #law #terms
A term may be implied to give to a contract what has become known as 'business efficacy'. It is important to note that no term will be implied to give the contract efficacy, unless the implication must arise inevitably. Therefore, a term will not be implied merely on the grounds that such an implication will transform the agreement into a businesslike arrangement, but that, without the implied term, the arrangement would be so unbusinesslike that sensible people could not be supposed to have entered into it. The concept was outlined by Bowen LJ in The Moorcock (1889) 14 PD 64.

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1-1a Principle 1: People Face Trade-offs You may have heard the old saying, “There ain’t no such thing as a free lunch.” Grammar aside, there is much truth to this adage. To get something that we like, we usually have to give up something else that we also like. Making decisions requires trading off one goal against another.

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#contract #law #terms
The Moorcock (1889) 14 PD 64 FACTS: There was a contract between the defendants, who owned a Thames-side wharf and jetty, and the plaintiffs, that the plaintiffs' vessel, The Moorcock, should be unloaded and reloaded at the defendants' wharf. The Moorcock was, accordingly, moored alongside the wharf but, as the tide fell, she took to the ground and sustained damage on account of the unevenness of the river bed at that place. The plaintiffs brought this action for breach of contract. HELD: There was an implied term in the contract that the defendants would take reasonable care to see that the berth was safe as both parties must have known at the time of the agreement that if the ground were not safe the ship would be endangered when the tide ebbed. There was a breach of this implied term.

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#contract #law #terms
the rule in The Moorcock was given some precision in Shirlaw v Southern Foundries [1939] 2 KB 206 CA, by MacKinnon LJ who stated: Prima facie that which in any contract is left to be implied and need not be expressed is something so obvious that it goes without saying; so that, if while the parties were making their bargain an officious bystander were to suggest some express provision for it in their agreement, they would testily suppress him with a common, 'Oh, of course'. The test has been dubbed 'the officious bystander test' and an example of its use can be seen in Gardner v Coutts & Co [1968] 1 WLR 173. Both the 'business efficacy' test, and the 'officious bystander' test attempt to identify what the parties ultimately intended, an idea that was later affirmed by the Privy Council in Attorney General of Belize and Others v Belize Telecom Ltd and Another [2009] 1 WLR 1988. When implying terms in fact, one must ask what the reasonable person would understand the contract to mean rather than enquiring as to the subjective intentions of the parties.

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Another trade-off society faces is between efficiency and equality. Efficiency means that society is getting the maximum benefits from its scarce resources. Equality means that those benefits are distributed uniformly among society’s members. In other words, efficiency refers to the size of the economic pie, and equality refers to how the pie is divided into individual slices.

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#contract #law #terms
An early indication of the reception of Belize was given by the Court of Appeal in Mediterranean Salvage and Towage Ltd v Seamar Trading and Commerce Inc (The Reborn) [2009] EWCA Civ 531. The dispute in the case arose when the Reborn, while under charter to Seamar Trading, sustained damage while loading at Chekka in the Lebanon. Seamar had nominated the loading berth and it seemed that the damage to the vessel was caused by a hidden underwater projection at the berth. There was no express provision in the contract that required the charterers to warrant the safety of the berth and the question was whether, in the context, such a term should be implied. The Court of Appeal, following both the panel of arbitrators and Aikens J, held that no such term should be implied. There are two threads in the court's reasoning. First, applying the Belize approach, it is pointed out that in the context of chartering, the default position is that the integrity of the vessel is at the owner’s risk (see, e.g., Rix LJ at para 61). It follows that, if the risk is to be shifted to the charterer, then this needs to be signalled very clearly. Here, no such signal had been given. Posing the Belize question, would the charterparty be reasonably understood to mean 'when read against the relevant background, that the charterers warranted the safety of the berth at Chekka from risks not affecting the port as a whole or all the berths in it or arising from the specification and restrictions of the berth' (Sir Anthony Clarke MR, at para 45)? To which, the short answer was 'no'. Secondly, there are strong indications, particularly in Sir Anthony Clarke's judgment, that necessity continues to set the standard for implication (see, e.g., paras 27 and 30). To the extent that such references to necessity simply relate to what does and does not follow logically from the fact that the charterers have the choice of nominating the loading berth, this is unproblematic: we can agree that the charterers having this choice does not entail that they warrant the safety of the berth that they choose – and hence that no term to this effect is to be implied. However, if necessity is presented, instead, as a general test for the implication of terms, to operate alongside Belize, that is potentially problematic.

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Efficiency: The property of society getting the most it can from its scarce resources
Equality: The property of distributing economic prosperity uniformly among the members of society

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Principle 2: The Cost of Something Is What You Give Up to Get It
Because people face trade-offs, making decisions requires comparing the costs and benefits of alternative courses of action. In many cases, however, the cost of an action is not as obvious as it might first appear.

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The opportunity cost of an item is what you give up to get that item.

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1-1c Principle 3: Rational People Think at the Margin Economists normally assume that people are rational. Rational people systemati- cally and purposefully do the best they can to achieve their objectives, given the available opportunities.

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Economists use the term marginal change to describe a small incremental adjustment to an existing plan of action.

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Rational people often make decisions by comparing marginal benefits and marginal costs.

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For example, suppose you are considering calling a friend on your cell phone. You decide that talking with her for 10 minutes would give you a benefit that you value at about $7. Your cell phone service costs you $40 per month plus $0.50 per minute for whatever calls you make. You usually talk for 100 minutes a month, so your total monthly bill is $90 ($0.50 per minute times 100 minutes, plus the $40 fixed fee). Under these circumstances, should you make the call? You might be tempted to reason as follows: “Because I pay $90 for 100 minutes of calling each month, the average minute on the phone costs me $0.90. So a 10- minute call costs $9. Because that $9 cost is greater than the $7 benefit, I am going to skip the call.” That conclusion is wrong, however. Although the average cost of a 10- minute call is $9, the marginal cost—the amount your bill increases if you make the extra call—is only $5. You will make the right decision only by compar- ing the marginal benefit and the marginal cost. Because the marginal benefit of $7 is greater than the marginal cost of $5, you should make the call. This is a prin- ciple that people innately understand: Cell phone users with unlimited minutes (that is, minutes that are free at the margin) are often prone to make long and frivolous calls.

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A rational decision maker takes an action if and only if the marginal benefit of the action exceeds the marginal cost. This principle explains why people use their cell phones as much as they do, why airlines are willing to sell tickets below aver- age cost, and why people are willing to pay more for diamonds than for water. It can take some time to get used to the logic of marginal thinking, but the study of economics will give you ample opportunity to practice.

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1-1d Principle 4: People Respond to Incentives An incentive is something (such as a prospect of a punishment or reward) that in- duces a person to act. Because rational people make decisions by comparing costs and benefits, they respond to incentives.

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In other words, a higher price in a market provides an incentive for buyers to consume less and an incentive for sellers to produce more.

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In other words, seat belts reduce the benefits of slow and careful driving. People respond to seat belts as they would to an improvement in road conditions—by driving faster and less carefully. The result of a seat belt law, therefore, is a larger number of accidents. The decline in safe driving has a clear, adverse impact on pedestrians, who are more likely to find themselves in an accident but (unlike the drivers) don’t have the benefit of added protection.

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Quick Quiz Describe an important trade-off you recently faced. • Give an example of some action that has both a monetary and nonmonetary opportunity cost. • Describe an incentive your parents offered to you in an effort to influence your behavior.

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1-2a Principle 5: Trade Can Make Everyone Better Off

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Trade allows each person to specialize in the activities she does best, whether it is farming, sewing, or home building. By trading with others, people can buy a greater variety of goods and services at lower cost.

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1-2b Principle 6: Markets Are Usually a Good Way to Organize Economic Activity The collapse of communism in the Soviet Union and Eastern Europe in the 1980s was one of the last century’s most important changes. Communist countries op- erated on the premise that government officials were in the best position to allo- cate the economy’s scarce resources. These central planners decided what goods and services were produced, how much was produced, and who produced and consumed these goods and services. The theory behind central planning was that only the government could organize economic activity in a way that promoted economic well-being for the country as a whole. Most countries that once had centrally planned economies have abandoned the system and are instead developing market economies. In a market economy, the decisions of a central planner are replaced by the decisions of millions of firms and households. Firms decide whom to hire and what to make. Households decide which firms to work for and what to buy with their incomes. These firms and households interact in the marketplace, where prices and self-interest guide their decisions.

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In his 1776 book An Inquiry into the Nature and Causes of the Wealth of Nations, economist Adam Smith made the most famous observation in all of economics: Households and firms interacting in markets act as if they are guided by an “in- visible hand” that leads them to desirable market outcomes.

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1-2c Principle 7: Governments Can Sometimes Improve Market Outcomes If the invisible hand of the market is so great, why do we need government? One purpose of studying economics is to refine your view about the proper role and scope of government policy.

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Man has almost constant occasion for the help of his brethren, and it is in vain for him to expect it from their benevolence only. He will be more likely to prevail if he can interest their self-love in his favour, and show them that it is for their own advantage to do for him what he requires of them. . . . Give me that which I want, and you shall have this which you want, is the meaning of every such offer; and it is in this manner that we obtain from one another the far greater part of those good offices which we stand in need of. It is not from the benevolence of the butcher, the brewer, or the baker that we expect our din- ner, but from their regard to their own in- terest. We address ourselves, not to their humanity but to their self-love, and never talk to them of our own necessities but of their advantages. Nobody but a beggar chooses to depend chiefly upon the benevolence of his fellow-citizens. . . . Every individual . . . neither intends to promote the public interest, nor knows how much he is promoting it. . . . He intends only his own gain, and he is in this, as in many other cases, led by an invisible hand to promote an end which was no part of his intention. Nor is it always the worse for the society that it was no part of it. By pursuing his own interest he frequently promotes that of the society more effectually than when he really intends to promote it.

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Most important, market economies need institutions to enforce property rights so individuals can own and control scarce resources.

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Economists use the term market failure to refer to a situation in which the market on its own fails to produce an efficient allocation of resources. As we will see, one possible cause of market failure is an externality, which is the impact of one person’s actions on the well-being of a bystander. The classic example of an externality is pollution. When the production of a good pollutes the air and creates health problems for those who live near the factories, the mar- ket left to its own devices may fail to take this cost into account. Another possible cause of market failure is market power, which refers to the ability of a single person or firm (or a small group) to unduly influence market prices.

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Quick Quiz Why is a country better off not isolating itself from all other countries? • Why do we have markets, and according to economists, what roles should government play in them?

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Flashcard 1358852656396

Question
The word economy comes from the Greek word oikonomos, which means [...]
Answer
“one who manages a household.”


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The word economy comes from the Greek word oikonomos, which means “one who manages a household.”

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Flashcard 1358853704972

Question
The word economy comes from the Greek word [...], which means “one who manages a household.”
Answer
oikonomos


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The word economy comes from the Greek word oikonomos, which means “one who manages a household.”

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Flashcard 1358857112844

Question
[...] means that society has limited resources and therefore can't produce all the goods and services people wish to have.
Answer
Scarcity


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Scarcity means that society has limited resources and therefore can't produce all the goods and services people wish to have.

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Because people face trade-offs, making decisions requires comparing the costs and benefits of alternative courses of action. In many cases, however, the cost of an action is not as obvious as it might first appear.

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Principle 2: The Cost of Something Is What You Give Up to Get It Because people face trade-offs, making decisions requires comparing the costs and benefits of alternative courses of action. In many cases, however, the cost of an action is not as obvious as it might first appear.

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#constitution #law #public
A state's constitution should define the parameters of state power and place legitimate limitations on the power of government.

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