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Annotation 149621449

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 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] 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

Annotation 1348198337804

#systemd

systemd is a system and service manager

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What is Linux systemd ? A Neat Chart of its Components
| Reply 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 (PID = 1) that gets executed in user space during the Linux start-up process. In

Annotation 1348199386380

#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 (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

Annotation 1348206464268

#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 cgroups -- a mechanism for limiting, accounting, and isolating Kernel resource usage. In laymanâs 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

Annotation 1348208299276

#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 systemd organizes and manages processes with cgroups -- a mechanism for limiting, accounting, and isolating Kernel resource usage. In laymanâs 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

Annotation 1348212755724

#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, 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

Annotation 1348460481804

#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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Flashcard 1349111385356

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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 (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 (LPA 1925, s 62(4)).<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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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 (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).<

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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 (Trustee Act 1925, ss 36(1) and (6)); or [4] By the court in difficult cases (Trustee Act 1925, s 41).<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 (Trustee Act 1925, s 41).<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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#co-ownership #land #law

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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#interests #land #law

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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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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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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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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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 LP(MP)A 1989, s 2<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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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 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 LPA 1925, s 62 to imply the equitable interest into the transfer (unless a contrary intention is expressed).<body><html>

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Flashcard 1354533833996

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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 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 imply the equitable interest into the transfer (unless a contrary intention is expressed).<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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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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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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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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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 any, but not all, of them as long as they act reasonably in doing so.<body><html>

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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 [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 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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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. 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.<body><html>

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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. 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.<body><html>

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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. 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. The circumstances and wishes of the beneficiaries entitled to occupy the land under s 12.<body><html>

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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. 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 s 12.<body><html>

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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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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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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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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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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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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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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 if the party making the statement can show that it would not be reasonable to hold him bound by it.<body><html>

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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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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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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 Bannerman v White<body><html>

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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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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 any factors that appear to be relevant.<body><html>

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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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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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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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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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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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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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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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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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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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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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Question

The maximum number of trustees permitted is [...]: Trustee Act 1925, s 34(2).

Answer

four

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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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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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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] 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).<body><html>

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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] By the court in difficult cases (Trustee Act 1925, s 41).<body><html>

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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. The need to obtain consents or consult beneficiaries; or 3. The making of a declaration as to the extent of a beneficiary’s interest.<body><html>

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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. The making of a declaration as to the extent of a beneficiary’s interest.<body><html>

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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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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 Insolvency Act 1986, s 335A<body><html>

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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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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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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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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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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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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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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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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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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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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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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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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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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 the court did postpone sale for 12 months to give the family time to relocate.<body><html>

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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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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 automatically vest in their trustee in bankruptcy (as per Insolvency Act 1986, s 306)<body><html>

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Flashcard 1356770184460

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#co-ownership #land #law

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

Tags

#co-ownership #land #law

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

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#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

Tags

#co-ownership #land #law

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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Flashcard 1356957355276

Tags

#co-ownership #land #law

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

status	not learned	measured difficulty	37% [default]	last interval [days]
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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

Tags

#co-ownership #land #law

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

Tags

#co-ownership #land #law

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

Tags

#co-ownership #land #law

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

#co-ownership #land #law

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

Tags

#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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Flashcard 1357392776460

Tags

#co-ownership #land #law

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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Flashcard 1357438389516

Tags

#co-ownership #land #law

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

Tags

#co-ownership #land #law

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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Flashcard 1357490556172

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#co-ownership #land #law

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. 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

Tags

#co-ownership #land #law

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. 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

Tags

#co-ownership #land #law

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. 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

Tags

#co-ownership #land #law

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. 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.<body><html>

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Flashcard 1357599608076

Tags

#co-ownership #land #law

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 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.<body><html>

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Flashcard 1357627395340

Tags

#co-ownership #land #law

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 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.<body><html>

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Flashcard 1357642599692

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#co-ownership #land #law

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 in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.<body><html>

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Flashcard 1357660949772

Tags

#co-ownership #land #law

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 property subject to the trust or in the case of dispute, to the wishes of the majority by value.<body><html>

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Flashcard 1357717835020

Tags

#co-ownership #land #law

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

Tags

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Question

Answer

The Mortgage Corporation v Shaire

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Flashcard 1357770788108

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#co-ownership #land #law

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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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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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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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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#co-ownership #land #law

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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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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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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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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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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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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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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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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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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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 maintain a balance between the respective interests of the parties. The court can take a similar approach under TLATA 1996<body><html>

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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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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. 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.<body><html>

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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 occupation rent to the woman that amounted to half a fair rent for the premises.<body><html>

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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 half a fair rent for the premises.<body><html>

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Annotation 1358673612044

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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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 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)).<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 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 the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<body><html>

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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 absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<body><html>

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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 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)).<body><html>

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Flashcard 1358681476364

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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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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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Flashcard 1358684622092

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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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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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Question

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 (TLATA 1996, s 19(1)(b)).<body><html>

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Flashcard 1358691175692

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Question

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 19(1)(b)).<body><html>

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Flashcard 1358720797964

Tags

#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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Annotation 1358783450380

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

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Annotation 1358785285388

#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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Annotation 1358786858252

#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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Annotation 1358788431116

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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Annotation 1358789479692

#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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Annotation 1358791314700

#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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Annotation 1358792887564

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

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Annotation 1358793936140

#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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Annotation 1358795509004

#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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Annotation 1358797081868

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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Annotation 1358798130444

#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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Annotation 1358800489740

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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Annotation 1358801538316

#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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Annotation 1358803111180

#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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Annotation 1358804684044

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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Annotation 1358808878348

#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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Annotation 1358816218380

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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Annotation 1358818053388

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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Annotation 1358819101964

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

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Annotation 1358822247692

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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Annotation 1358823558412

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

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Annotation 1358826704140

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

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Annotation 1358828014860

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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Annotation 1358829063436

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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Annotation 1358830374156

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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Annotation 1358831422732

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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Annotation 1358832471308

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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Annotation 1358835617036

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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Annotation 1358836665612

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

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Annotation 1358837714188

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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Annotation 1358838762764

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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Annotation 1358839811340

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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Annotation 1358841646348

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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Annotation 1358844792076

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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Annotation 1358845840652

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

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Annotation 1358848462092

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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Annotation 1358851607820

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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Annotation 1358862093580

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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Annotation 1360691334412

#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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Edited, memorised or added to reading queue

on 30-Jun-2016 (Thu)

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