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on 18-Jul-2016 (Mon)

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Flashcard 1354560572684

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


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

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Flashcard 1354562931980

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


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

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Flashcard 1354564504844

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


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

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Flashcard 1354567650572

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


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

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Flashcard 1354569223436

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


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

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Flashcard 1366088617228

Tags
#conspiracy #crime #inchoate #law
Question
The offence is complete as soon as the parties agree.There is no need for the parties to have taken steps to carry out their agreement: [case].
Answer
DPP v Doot [1973] AC 807


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The offence is complete as soon as the parties agree.There is no need for the parties to have taken steps to carry out their agreement: DPP v Doot [1973] AC 807.

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Flashcard 1366090976524

Tags
#conspiracy #crime #inchoate #law
Question
The offence is complete [when?] : DPP v Doot [1973] AC 807.
Answer
as soon as the parties agree


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The offence is complete as soon as the parties agree.There is no need for the parties to have taken steps to carry out their agreement: DPP v Doot [1973] AC 807.

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Flashcard 1366094384396

Tags
#conspiracy #crime #inchoate #law
Question
In [case], the defendant's conviction was quashed because it could not be proved that the parties had gone beyond the stage of negotiations when the defendant withdrew.
Answer
R v Walker [1962] Crim LR 458


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In R v Walker [1962] Crim LR 458, the defendant's conviction was quashed because it could not be proved that the parties had gone beyond the stage of negotiations when the defendant withdrew.

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Flashcard 1366096743692

Tags
#conspiracy #crime #inchoate #law
Question
In R v Walker [1962] Crim LR 458, the defendant's conviction was quashed because [reasoning].
Answer
it could not be proved that the parties had gone beyond the stage of negotiations when the defendant withdrew


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In R v Walker [1962] Crim LR 458, the defendant's conviction was quashed because it could not be proved that the parties had gone beyond the stage of negotiations when the defendant withdrew.

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Flashcard 1366099365132

Tags
#crime #inchoate #law
Question
Note that the prohibition contained in the CLA 1977, s [...] does not prevent the conviction of a person who conspires with their spouse and others: R v Chrastny [1991] 1 WLR 1381.
Answer
2(2)(a)


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Note that the prohibition contained in the CLA 1977, s 2(2)(a) does not prevent the conviction of a person who conspires with their spouse and others: R v Chrastny [1991] 1 WLR 1381.

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Flashcard 1366100937996

Tags
#crime #inchoate #law
Question
Note that the prohibition contained in the CLA [year], s 2(2)(a) does not prevent the conviction of a person who conspires with their spouse and others: R v Chrastny [1991] 1 WLR 1381.
Answer
1977


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Note that the prohibition contained in the CLA 1977, s 2(2)(a) does not prevent the conviction of a person who conspires with their spouse and others: R v Chrastny [1991] 1 WLR 1381.

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Flashcard 1366103297292

Tags
#crime #inchoate #law
Question
Note that the prohibition contained in the [statute] 1977, s 2(2)(a) does not prevent the conviction of a person who conspires with their spouse and others: R v Chrastny [1991] 1 WLR 1381.
Answer
CLA


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Note that the prohibition contained in the CLA 1977, s 2(2)(a) does not prevent the conviction of a person who conspires with their spouse and others: R v Chrastny [1991] 1 WLR 1381.

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Flashcard 1366105656588

Tags
#crime #inchoate #law
Question
Note that the prohibition contained in the [statute] does not prevent the conviction of a person who conspires with their spouse and others: R v Chrastny [1991] 1 WLR 1381.
Answer
CLA 1977, s 2(2)(a)


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Note that the prohibition contained in the CLA 1977, s 2(2)(a) does not prevent the conviction of a person who conspires with their spouse and others: R v Chrastny [1991] 1 WLR 1381.

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Flashcard 1366108015884

Tags
#crime #inchoate #law
Question
Note that the prohibition contained in the CLA 1977, s 2(2)(a) does not prevent the conviction of a person who conspires with their spouse and others: [case].
Answer
R v Chrastny [1991] 1 WLR 1381


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Note that the prohibition contained in the CLA 1977, s 2(2)(a) does not prevent the conviction of a person who conspires with their spouse and others: R v Chrastny [1991] 1 WLR 1381.

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Flashcard 1366113520908

Tags
#conspiracy #crime #inchoate #law
Question
Where the parties agree that they will commit a criminal offence only if certain circumstances occur, this is sufficient to establish both the actus reus and the mens rea of conspiracy: [case].
Answer
R v Jackson [1985] Crim LR 442


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Where the parties agree that they will commit a criminal offence only if certain circumstances occur, this is sufficient to establish both the actus reus and the mens rea of conspiracy: see R v Jackson [1985] Crim LR 442.

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Flashcard 1366117977356

Tags
#attempt #crime #inchoate #law
Question
The former common law on attempt was replaced by the Criminal Attempts Act [year].
Answer
1981


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The former common law on attempt was replaced by the Criminal Attempts Act 1981 (CAA 1981).

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Flashcard 1366120336652

Tags
#attempt #crime #inchoate #law
Question
The former common law on attempt was replaced by the [statute] 1981.
Answer
Criminal Attempts Act


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The former common law on attempt was replaced by the Criminal Attempts Act 1981 (CAA 1981).

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Flashcard 1366123482380

Tags
#attempt #crime #inchoate #law
Question
The former common law on attempt was replaced by the [statute].
Answer
Criminal Attempts Act 1981 (CAA 1981)


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The former common law on attempt was replaced by the Criminal Attempts Act 1981 (CAA 1981).

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Flashcard 1366128463116

Tags
#attempt #crime #inchoate #law
Question
Under the CAA 1981, s [...]:
  1. If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence.
  2. A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible.
  3. In any case where:
    • (a) apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit an offence; but
    • (b) if the facts of the case had been as he believed them to be, his intention would be so regarded. then, for the purposes of subsection (1) above, he shall be regarded as having had an intent to commit that offence.'
Answer
1


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Under the CAA 1981, s 1: If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of a

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Flashcard 1366130035980

Tags
#attempt #crime #inchoate #law
Question
Under the [statute]:
  1. If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence.
  2. A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible.
  3. In any case where:
    • (a) apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit an offence; but
    • (b) if the facts of the case had been as he believed them to be, his intention would be so regarded. then, for the purposes of subsection (1) above, he shall be regarded as having had an intent to commit that offence.'
Answer
CAA 1981, s 1


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Under the CAA 1981, s 1: If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of a

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Flashcard 1366132395276

Tags
#attempt #crime #inchoate #law
Question
Under the CAA 1981, s 1:
  1. If, with intent to commit an offence to which this section applies, a person does an act which is [...], he is guilty of an attempt to commit that offence.
  2. A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible.
  3. In any case where:
    • (a) apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit an offence; but
    • (b) if the facts of the case had been as he believed them to be, his intention would be so regarded. then, for the purposes of subsection (1) above, he shall be regarded as having had an intent to commit that offence.'
Answer
more than merely preparatory to the commission of an offence


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Under the CAA 1981, s 1: If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commi

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Flashcard 1366133968140

Tags
#attempt #crime #inchoate #law
Question
Under the CAA 1981, s 1:
  1. If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence.
  2. A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that [...].
  3. In any case where:
    • (a) apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit an offence; but
    • (b) if the facts of the case had been as he believed them to be, his intention would be so regarded. then, for the purposes of subsection (1) above, he shall be regarded as having had an intent to commit that offence.'
Answer
the commission of the offence is impossible


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ch is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that <span>the commission of the offence is impossible. In any case where: (a) apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit an offence; but (b) if the facts of the c

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Flashcard 1366136589580

Tags
#attempt #crime #inchoate #law
Question
If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. (CAA 1981, s [...])
Answer
1(1)


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1981, s 1: If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. (CAA 1981, s <span>1(1)) A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible. (CAA 1981, s 1(

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Flashcard 1366139997452

Tags
#attempt #crime #inchoate #law
Question
If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. (CAA 1981, s [...]
Answer
1(1)


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>If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. (CAA 1981, s 1(1))<html>

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Flashcard 1366141570316

Tags
#attempt #crime #inchoate #law
Question
If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. (CAA [year], s 1(1))
Answer
1981


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d><head>If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. (CAA 1981, s 1(1))<html>

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Flashcard 1366143929612

Tags
#attempt #crime #inchoate #law
Question
If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. ([statute] 1981, s 1(1))
Answer
CAA


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If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. (CAA 1981, s 1(1))<html>

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Flashcard 1366146551052

Tags
#attempt #crime #inchoate #law
Question
If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. ([statute]
Answer
CAA 1981, s 1(1)


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If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. (CAA 1981, s 1(1))<html>

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Flashcard 1366148910348

Tags
#attempt #crime #inchoate #law
Question
If, with intent to commit an offence to which this section applies, a person does an act which is [...] to the commission of an offence, he is guilty of an attempt to commit that offence. (CAA 1981, s 1(1))
Answer
more than merely preparatory


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If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. (CAA 1981, s 1(1))

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Flashcard 1366150483212

Tags
#attempt #crime #inchoate #law
Question
If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an [...] that offence. (CAA 1981, s 1(1))
Answer
attempt to commit


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If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. (CAA 1981, s 1(1))

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Flashcard 1366153104652

Tags
#attempt #crime #inchoate #law
Question
A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible. (CAA 1981, s [...])
Answer
1(2)


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A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible. (CAA 1981, s 1(2))

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Flashcard 1366154677516

Tags
#attempt #crime #inchoate #law
Question
A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible. ([statute], s 1(2))
Answer
CAA 1981


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A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible. (CAA 1981, s 1(2))

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Flashcard 1366157036812

Tags
#attempt #crime #inchoate #law
Question
A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible. ([statute])
Answer
CAA 1981, s 1(2)


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A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible. (CAA 1981, s 1(2))

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Question
A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that [...]. (CAA 1981, s 1(2))
Answer
the commission of the offence is impossible


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A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible. (CAA 1981, s 1(2))

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Question
R v Walker & Hayles
Answer
FACTS: This case was on attempted murder. The appellants threw the victim from a third floor balcony. HELD: The court held that the jury may (but do not necessarily have to) infer intention where they are satisfied that the defendant foresaw the result as a virtual certainly.


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R v Walker & Hayles FACTS: This case was on attempted murder. The appellants threw the victim from a third floor balcony. HELD: The court held that the jury may (but do not necessarily have to) infer inten

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Question
R v Walker & Hayles FACTS: This case was on attempted murder. The appellants threw the victim from a third floor balcony. HELD: The court held that the jury may (but do not necessarily have to) infer intention where [circumstance].
Answer
they are satisfied that the defendant foresaw the result as a virtual certainly


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>R v Walker & Hayles FACTS: This case was on attempted murder. The appellants threw the victim from a third floor balcony. HELD: The court held that the jury may (but do not necessarily have to) infer intention where they are satisfied that the defendant foresaw the result as a virtual certainly.<html>

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Flashcard 1366169095436

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Question
R v Taafe [1983] 2 ALL 625.
Answer
FACTS; Taffe was caught importing illegal drugs into the United Kingdom. He thought the bag containing the drugs contained currency and he mistakenly that it was an offence to import this currency into the UK. HELD: Taffe could not be convicted of an attempt to import currency into the UK, because there is no such offence.


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R v Taafe [1983] 2 ALL 625. FACTS; Taffe was caught importing illegal drugs into the United Kingdom. He thought the bag containing the drugs contained currency and he mistakenly that it was an offence to import thi

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Question
R v Taafe [1983] 2 ALL 625. FACTS; Taffe was caught importing illegal drugs into the United Kingdom. He thought the bag containing the drugs contained currency and he mistakenly that it was an offence to import this currency into the UK. HELD: Taffe could not be convicted of an attempt to import currency into the UK, because [why?].
Answer
there is no such offence


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United Kingdom. He thought the bag containing the drugs contained currency and he mistakenly that it was an offence to import this currency into the UK. HELD: Taffe could not be convicted of an attempt to import currency into the UK, because <span>there is no such offence.<span><body><html>

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Question
Non-existent crime: This arises where the accused believes that what he is doing is an offence, whereas it is in fact lawful. You cannot turn a lawful act into an unlawful act. Therefore a prosecutor, seeking to convict a defendant of an offence, relying on the defendant's intent to do something else which is not in itself a crime, will not succeed: [case].
Answer
R v Taafe [1983] 2 ALL 625


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in fact lawful. You cannot turn a lawful act into an unlawful act. Therefore a prosecutor, seeking to convict a defendant of an offence, relying on the defendant's intent to do something else which is not in itself a crime, will not succeed: <span>R v Taafe [1983] 2 ALL 625.<span><body><html>

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Question
The Criminal Law Act 1977, s [...] (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s 1(2) & (3) (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for example, if X and Y agree that Y will stab V. Y stabs V, but V is already dead, then X and Y will be guilty of conspiracy to murder and Y will be guilty of attempted murder. This is illustrated for attempt in the House of Lords case of R v Shivpuri.
Answer
1(1)(b)


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The Criminal Law Act 1977, s 1(1)(b) (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s 1(2) & (3) (in relation to statutory attempt) have reversed the common law position on impossibility in

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Question
The Criminal Law Act 1977, s 1(1)(b) (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s [...] (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for example, if X and Y agree that Y will stab V. Y stabs V, but V is already dead, then X and Y will be guilty of conspiracy to murder and Y will be guilty of attempted murder. This is illustrated for attempt in the House of Lords case of R v Shivpuri.
Answer
1(2) & (3)


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The Criminal Law Act 1977, s 1(1)(b) (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s 1(2) & (3) (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for example, if X and Y

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Flashcard 1366182726924

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Question
The [statute], s 1(1)(b) (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s 1(2) & (3) (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for example, if X and Y agree that Y will stab V. Y stabs V, but V is already dead, then X and Y will be guilty of conspiracy to murder and Y will be guilty of attempted murder. This is illustrated for attempt in the House of Lords case of R v Shivpuri.
Answer
Criminal Law Act 1977


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The Criminal Law Act 1977, s 1(1)(b) (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s 1(2) & (3) (in relation to statutory attempt) have reversed the common law position on impos

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Question
The Criminal Law Act 1977, s 1(1)(b) (in relation to statutory conspiracy) and the [statute], s 1(2) & (3) (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for example, if X and Y agree that Y will stab V. Y stabs V, but V is already dead, then X and Y will be guilty of conspiracy to murder and Y will be guilty of attempted murder. This is illustrated for attempt in the House of Lords case of R v Shivpuri.
Answer
Criminal Attempts Act 1981


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The Criminal Law Act 1977, s 1(1)(b) (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s 1(2) & (3) (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for

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Flashcard 1366185872652

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Question
The [statute] (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s 1(2) & (3) (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for example, if X and Y agree that Y will stab V. Y stabs V, but V is already dead, then X and Y will be guilty of conspiracy to murder and Y will be guilty of attempted murder. This is illustrated for attempt in the House of Lords case of R v Shivpuri.
Answer
Criminal Law Act 1977, s 1(1)(b)


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The Criminal Law Act 1977, s 1(1)(b) (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s 1(2) & (3) (in relation to statutory attempt) have reversed the common law position on impossibility in

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Flashcard 1366188231948

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Question
The Criminal Law Act 1977, s 1(1)(b) (in relation to statutory conspiracy) and the [statute] (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for example, if X and Y agree that Y will stab V. Y stabs V, but V is already dead, then X and Y will be guilty of conspiracy to murder and Y will be guilty of attempted murder. This is illustrated for attempt in the House of Lords case of R v Shivpuri.
Answer
Criminal Attempts Act 1981, s 1(2) & (3)


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The Criminal Law Act 1977, s 1(1)(b) (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s 1(2) & (3) (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for example, if X and Y

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Flashcard 1366192426252

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Question
The Criminal Law Act 1977, s 1(1)(b) (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s 1(2) & (3) (in relation to statutory attempt) have [...]
Answer
reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy.


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The Criminal Law Act 1977, s 1(1)(b) (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s 1(2) & (3) (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for example, if X and Y agree that Y will stab V. Y stabs V, but V is already dead, then X and Y will be guilty of conspiracy to murder and Y will be guilty of attempted murder.

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Flashcard 1366194785548

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Question
The Criminal Law Act 1977, s 1(1)(b) (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s 1(2) & (3) (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for example, if X and Y agree that Y will stab V. Y stabs V, but V is already dead, then X and Y will be guilty of conspiracy to murder and Y will be guilty of attempted murder. This is illustrated for attempt in the House of Lords case of [case].
Answer
R v Shivpuri


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example, if X and Y agree that Y will stab V. Y stabs V, but V is already dead, then X and Y will be guilty of conspiracy to murder and Y will be guilty of attempted murder. This is illustrated for attempt in the House of Lords case of <span>R v Shivpuri.<span><body><html>

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Flashcard 1366197406988

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Question
In [case], the distinction between gross negligence and civil negligence was described:

'… in order to establish criminal liability the facts must be such that, in the opinion of the jury, the negligence of the accused went beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others as to amount to a crime against the state and conduct deserving punishment.'

Answer
R v Bateman (1925) 19 Cr App R 8 (CCA)


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In R v Bateman (1925) 19 Cr App R 8 (CCA), the distinction between gross negligence and civil negligence was described: '… in order to establish criminal liability the facts must be such that, in the opinion of the

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Question
In R v Bateman (1925) 19 Cr App R 8 (CCA), the distinction between gross negligence and civil negligence was described:

'… in order to establish criminal liability the facts must be such that, [...], the negligence of the accused went beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others as to amount to a crime against the state and conduct deserving punishment.'

Answer
in the opinion of the jury


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In R v Bateman (1925) 19 Cr App R 8 (CCA), the distinction between gross negligence and civil negligence was described: '… in order to establish criminal liability the facts must be such that, in the opinion of the jury, the negligence of the accused went beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others as to amount to a crime against the

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Question
In R v Bateman (1925) 19 Cr App R 8 (CCA), the distinction between gross negligence and civil negligence was described:

'… in order to establish criminal liability the facts must be such that, in the opinion of the jury, the negligence of the accused went [...].'

Answer
beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others as to amount to a crime against the state and conduct deserving punishment


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r App R 8 (CCA), the distinction between gross negligence and civil negligence was described: '… in order to establish criminal liability the facts must be such that, in the opinion of the jury, the negligence of the accused went <span>beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others as to amount to a crime against the state and conduct deserving punishment.' <span><body><html>

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Question
R v Gnango [2011] 1 WLR 1414
Answer
The defendant (D) had engaged in a public gunfight with his opponent (X) and an innocent passer-by (V) was killed. Although the appeal case focused on issues of joint enterprise (which is not studied on this module), the case confirmed that X was guilty of the death of V, following the established principles of transferred malice. X had intended to kill D and his intention was simply transferred over to V.


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A more recent case dealing with the issue of transferred malice is that of R v Gnango [2011] 1 WLR 1414. The defendant (D) had engaged in a public gunfight with his opponent (X) and an innocent passer-by (V) was killed. Although the appeal case focused on issues of joint enterprise (which

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Question
Fagan v Metropolitan Police Commissioner [1969] 1QB 439
Answer
FACTS: Fagan accidentally drove onto a policeman's foot. The policeman asked him to move off his foot, but Fagan put the handbrake on and refused to do so. He was charged with assaulting a police officer in the execution of his duty. At the time of driving onto the foot, which was the actus reus of the crime, he did not have the mens rea. HELD: However, the Divisional Court held that the assault involved a battery (see section.6.2) and this battery continued after the car came to rest. The actus reus was a continuing act, and it was enough that Fagan had the mens rea at some time during its continuance.


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Fagan v Metropolitan Police Commissioner [1969] 1QB 439 FACTS: Fagan accidentally drove onto a policeman's foot. The policeman asked him to move off his foot, but Fagan put the handbrake on and refused to do so. He was charged with assaulti

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Flashcard 1366209203468

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Question
Fagan v Metropolitan Police Commissioner [1969] 1QB 439 FACTS: Fagan accidentally drove onto a policeman's foot. The policeman asked him to move off his foot, but Fagan put the handbrake on and refused to do so. He was charged with assaulting a police officer in the execution of his duty. At the time of driving onto the foot, which was the actus reus of the crime, he did not have the mens rea. HELD: However, the Divisional Court held that the assault involved a battery (see section.6.2) and this battery continued after the car came to rest. The actus reus was a [...], and it was enough that Fagan had the mens rea at some time during its continuance.
Answer
continuing act


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which was the actus reus of the crime, he did not have the mens rea. HELD: However, the Divisional Court held that the assault involved a battery (see section.6.2) and this battery continued after the car came to rest. The actus reus was a <span>continuing act, and it was enough that Fagan had the mens rea at some time during its continuance. <span><body><html>

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Question
Fagan v Metropolitan Police Commissioner [1969] 1QB 439 FACTS: Fagan accidentally drove onto a policeman's foot. The policeman asked him to move off his foot, but Fagan put the handbrake on and refused to do so. He was charged with assaulting a police officer in the execution of his duty. At the time of driving onto the foot, which was the actus reus of the crime, he did not have the mens rea. HELD: However, the Divisional Court held that the assault involved a battery (see section.6.2) and this battery continued after the car came to rest. The actus reus was a continuing act, and it was enough that Fagan had the mens rea [...].
Answer
at some time during its continuance


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s rea. HELD: However, the Divisional Court held that the assault involved a battery (see section.6.2) and this battery continued after the car came to rest. The actus reus was a continuing act, and it was enough that Fagan had the mens rea <span>at some time during its continuance. <span><body><html>

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Question
R v Le Brun [1992] QB 61
Answer
D assaulted his wife, hitting her on the jaw and knocking her unconscious. He then attempted to drag her home, and in doing so he accidentally dropped her and she fractured her skull on the pavement. She died from the fracture to the skull. D was convicted of manslaughter and the conviction was upheld. The court said that the unlawful act and the act causing death were all part of the 'same transaction'. Lord Lane stated that it did not matter that there was no preconceived plan and that the defendant knew that his wife was still alive. He said that the transaction continued as long as the defendant was trying to cover up the crime he believed he had committed.


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In R v Le Brun [1992] QB 61, D assaulted his wife, hitting her on the jaw and knocking her unconscious. He then attempted to drag her home, and in doing so he accidentally dropped her and she fractured her skull

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Flashcard 1366214970636

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Question
In R v Le Brun [1992] QB 61, D assaulted his wife, hitting her on the jaw and knocking her unconscious. He then attempted to drag her home, and in doing so he accidentally dropped her and she fractured her skull on the pavement. She died from the fracture to the skull. D was convicted of manslaughter and the conviction was upheld. The court said that [...]. Lord Lane stated that it did not matter that there was no preconceived plan and that the defendant knew that his wife was still alive. He said that the transaction continued as long as the defendant was trying to cover up the crime he believed he had committed.
Answer
the unlawful act and the act causing death were all part of the 'same transaction'


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attempted to drag her home, and in doing so he accidentally dropped her and she fractured her skull on the pavement. She died from the fracture to the skull. D was convicted of manslaughter and the conviction was upheld. The court said that <span>the unlawful act and the act causing death were all part of the 'same transaction'. Lord Lane stated that it did not matter that there was no preconceived plan and that the defendant knew that his wife was still alive. He said that the transaction continued as long

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Flashcard 1366216543500

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Question
In R v Le Brun [1992] QB 61, D assaulted his wife, hitting her on the jaw and knocking her unconscious. He then attempted to drag her home, and in doing so he accidentally dropped her and she fractured her skull on the pavement. She died from the fracture to the skull. D was convicted of manslaughter and the conviction was upheld. The court said that the unlawful act and the act causing death were all part of the 'same transaction'. Lord Lane stated that it did not matter that there was no preconceived plan and that the defendant knew that his wife was still alive. He said that the transaction continued [...].
Answer
as long as the defendant was trying to cover up the crime he believed he had committed


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and the act causing death were all part of the 'same transaction'. Lord Lane stated that it did not matter that there was no preconceived plan and that the defendant knew that his wife was still alive. He said that the transaction continued <span>as long as the defendant was trying to cover up the crime he believed he had committed.<span><body><html>

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Flashcard 1366218116364

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Question
In R v Le Brun [1992] QB 61, D assaulted his wife, hitting her on the jaw and knocking her unconscious. He then attempted to drag her home, and in doing so he accidentally dropped her and she fractured her skull on the pavement. She died from the fracture to the skull. D was convicted of manslaughter and the conviction was upheld. The court said that the unlawful act and the act causing death were all part of the 'same transaction'. [Who?] stated that it did not matter that there was no preconceived plan and that the defendant knew that his wife was still alive. He said that the transaction continued as long as the defendant was trying to cover up the crime he believed he had committed.
Answer
Lord Lane


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tured her skull on the pavement. She died from the fracture to the skull. D was convicted of manslaughter and the conviction was upheld. The court said that the unlawful act and the act causing death were all part of the 'same transaction'. <span>Lord Lane stated that it did not matter that there was no preconceived plan and that the defendant knew that his wife was still alive. He said that the transaction continued as long as the defen

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Flashcard 1366220737804

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Question
If the defendant does not know he is breaking the law, his mistake will not help him avoid liability. Hence, the saying 'Ignorance of the law is no excuse'. This is the case even if D's ignorance is quite reasonable, and even if it were impossible for him to know of the prohibition in question. In [case] D was convicted of an offence created by a statute when he was on the high seas. He committed it before the end of his voyage when he could not possibly have known of the statute.
Answer
R v Bailey (1800) Russ & Ry 1


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mistake will not help him avoid liability. Hence, the saying 'Ignorance of the law is no excuse'. This is the case even if D's ignorance is quite reasonable, and even if it were impossible for him to know of the prohibition in question. In <span>R v Bailey (1800) Russ & Ry 1 D was convicted of an offence created by a statute when he was on the high seas. He committed it before the end of his voyage when he could not possibly have known of the statute.</spa

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Question
There is no general duty to act to prevent harm – [case]
Answer
R v Smith (William) (1826) 2 C&P 449


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There is no general duty to act to prevent harm – R v Smith (William) (1826) 2 C&P 449

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Question
Whether property is damaged is a question of fact and degree. In [case], the court considered that it was difficult to lay down a general rule as to what constitutes damage. It held that it must be guided by the circumstances of each case, the nature of the article, and the mode by which it was affected. The court stated:

'[T]he word … is sufficiently wide in its meaning to embrace injury, mischief or harm done to property, and that in order to constitute damage it is unnecessary to establish such definite or actual damage as renders the property useless or prevents it from serving its normal function …'

Answer
Samuels v Stubbs [1972] 4 SASR 200


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Whether property is damaged is a question of fact and degree. In Samuels v Stubbs [1972] 4 SASR 200, the court considered that it was difficult to lay down a general rule as to what constitutes damage. It held that it must be guided by the circumstances of each case, the nature of the

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Flashcard 1366228602124

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Question
Whether property is damaged is a question of fact and degree.
Answer
Samuels v Stubbs


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Whether property is damaged is a question of fact and degree. In Samuels v Stubbs [1972] 4 SASR 200, the court considered that it was difficult to lay down a general rule as to what constitutes damage. It held that it must be guided by the circumst

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Flashcard 1366230961420

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Question
Whether property is damaged is a question of fact and degree. In Samuels v Stubbs [1972] 4 SASR 200, the court considered that it was difficult to lay down a general rule as to what constitutes damage. It held that it must be guided by the circumstances of each case, the nature of the article, and the mode by which it was affected. The court stated:

'[T]he word … is sufficiently wide in its meaning to embrace injury, mischief or harm done to property, and that in order to constitute damage it is unnecessary to establish such definite or actual damage as [...] …'

Answer
renders the property useless or prevents it from serving its normal function


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ed. The court stated: '[T]he word … is sufficiently wide in its meaning to embrace injury, mischief or harm done to property, and that in order to constitute damage it is unnecessary to establish such definite or actual damage as <span>renders the property useless or prevents it from serving its normal function …' <span><body><html>

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Flashcard 1366232534284

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Question
Whether property is damaged is a question of fact and degree. In Samuels v Stubbs [1972] 4 SASR 200, the court considered that it was difficult to lay down a general rule as to what constitutes damage. It held that it must be guided by the circumstances of each case, the nature of the article, and the mode by which it was affected. The court stated:

'[T]he word … is sufficiently wide in its meaning to embrace injury, mischief or harm done to property, and that in order to constitute damage [...] …'

Answer
it is unnecessary to establish such definite or actual damage as renders the property useless or prevents it from serving its normal function


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e, the nature of the article, and the mode by which it was affected. The court stated: '[T]he word … is sufficiently wide in its meaning to embrace injury, mischief or harm done to property, and that in order to constitute damage <span>it is unnecessary to establish such definite or actual damage as renders the property useless or prevents it from serving its normal function …' <span><body><html>

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Flashcard 1366234369292

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Question
In [case], the court held that spitting on a policeman's coat was not criminal damage. This decision seems to imply that there has to be some expense on the part of the owner to restore the property to its previous condition.
Answer
A (a juvenile) v R [1978] Crim LR 689


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In A (a juvenile) v R [1978] Crim LR 689, the court held that spitting on a policeman's coat was not criminal damage. This decision seems to imply that there has to be some expense on the part of the owner to restore the pro

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Question
In A (a juvenile) v R [1978] Crim LR 689, the court held that spitting on a policeman's coat was not criminal damage. This decision seems to imply that [...].
Answer
there has to be some expense on the part of the owner to restore the property to its previous condition


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In A (a juvenile) v R [1978] Crim LR 689, the court held that spitting on a policeman's coat was not criminal damage. This decision seems to imply that there has to be some expense on the part of the owner to restore the property to its previous condition.

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Flashcard 1366238563596

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Question
Without Lawful Excuse This element is dealt with in the CDA 1971, ss. [...].
Answer
5(2) and (3)


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Without Lawful Excuse This element is dealt with in the CDA 1971, s 5(2) and (3).

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Flashcard 1366240922892

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Question
Without Lawful Excuse This element is dealt with in the [statute], s 5(2) and (3).
Answer
CDA 1971


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Without Lawful Excuse This element is dealt with in the CDA 1971, s 5(2) and (3).

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Flashcard 1366242495756

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Question
Without Lawful Excuse This element is dealt with in the [statute].
Answer
CDA 1971, s 5(2) and (3)


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Without Lawful Excuse This element is dealt with in the CDA 1971, s 5(2) and (3).

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Flashcard 1366246165772

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Question
The CDA 1971, s [...] operates where the defendant believes that the owner would have consented to the damage.
Answer
5(2)(a)


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The CDA 1971, s 5(2)(a) operates where the defendant believes that the owner would have consented to the damage.

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Flashcard 1366247738636

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Question
The CDA 1971, s 5(2)(a) operates where [...].
Answer
the defendant believes that the owner would have consented to the damage


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The CDA 1971, s 5(2)(a) operates where the defendant believes that the owner would have consented to the damage.

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Flashcard 1366249573644

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Question
R v Denton [1982] 1 All ER 65
Answer
FACTS: The owner of a factory in financial difficulties had apparently said to D: 'There is nothing like a good fire for improving the financial circumstances of a business'. D took this as an instruction to set fire to the factory, which he did. HELD: His conviction for arson was quashed, the Court of Appeal holding that he was entitled to the CDA 1971, s 5(2)(a) defence.


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R v Denton [1982] 1 All ER 65 FACTS: The owner of a factory in financial difficulties had apparently said to D: 'There is nothing like a good fire for improving the financial circumstances of a business'. D took th

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Flashcard 1366252195084

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Question
There are four requirements for the s5(2)(b) defence.
(a) The defendant must act [...].
(b) s5(2(b)(i) The accused must believe that the property was in immediate need of protection (subjective test).
(c) s5(2)(b)(ii) The accused must believe that the means of protection adopted are reasonable.
(d) The damage caused by the accused must be (objectively) capable of protecting the property.
Answer
to protect property


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There are four requirements for the s5(2)(b) defence. (a) The defendant must act to protect property. (b) s5(2(b)(i) The accused must believe that the property was in immediate need of protection (subjective test). (c) s5(2)(b)(ii) The accused must believe that the means of p

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Flashcard 1366253767948

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Question
There are four requirements for the s5(2)(b) defence.
(a) The defendant must act to protect property.
(b) s[...] The accused must believe that the property was in immediate need of protection (subjective test).
(c) s5(2)(b)(ii) The accused must believe that the means of protection adopted are reasonable.
(d) The damage caused by the accused must be (objectively) capable of protecting the property.
Answer
5(2)(b)(i)


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There are four requirements for the s5(2)(b) defence. (a) The defendant must act to protect property. (b) s5(2(b)(i) The accused must believe that the property was in immediate need of protection (subjective test). (c) s5(2)(b)(ii) The accused must believe that the means of protection adopted are

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Flashcard 1366256127244

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Question
There are four requirements for the s5(2)(b) defence.
(a) The defendant must act to protect property.
(b) s5(2(b)(i) The accused must [...] (subjective test).
(c) s5(2)(b)(ii) The accused must believe that the means of protection adopted are reasonable.
(d) The damage caused by the accused must be (objectively) capable of protecting the property.
Answer
believe that the property was in immediate need of protection


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There are four requirements for the s5(2)(b) defence. (a) The defendant must act to protect property. (b) s5(2(b)(i) The accused must believe that the property was in immediate need of protection (subjective test). (c) s5(2)(b)(ii) The accused must believe that the means of protection adopted are reasonable. (d) The damage caused by the accused must be (objectively) cap

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Flashcard 1366257700108

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Question
There are four requirements for the s5(2)(b) defence.
(a) The defendant must act to protect property.
(b) s5(2(b)(i) The accused must believe that the property was in immediate need of protection (subjective test).
(c) s[...] The accused must believe that the means of protection adopted are reasonable.
(d) The damage caused by the accused must be (objectively) capable of protecting the property.
Answer
5(2)(b)(ii)


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n>There are four requirements for the s5(2)(b) defence. (a) The defendant must act to protect property. (b) s5(2(b)(i) The accused must believe that the property was in immediate need of protection (subjective test). (c) s5(2)(b)(ii) The accused must believe that the means of protection adopted are reasonable. (d) The damage caused by the accused must be (objectively) capable of protecting the property.</

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Flashcard 1366259272972

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Question
There are four requirements for the s5(2)(b) defence.
(a) The defendant must act to protect property.
(b) s5(2(b)(i) The accused must believe that the property was in immediate need of protection (subjective test).
(c) s5(2)(b)(ii) The accused must [...].
(d) The damage caused by the accused must be (objectively) capable of protecting the property.
Answer
believe that the means of protection adopted are reasonable


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ements for the s5(2)(b) defence. (a) The defendant must act to protect property. (b) s5(2(b)(i) The accused must believe that the property was in immediate need of protection (subjective test). (c) s5(2)(b)(ii) The accused must <span>believe that the means of protection adopted are reasonable. (d) The damage caused by the accused must be (objectively) capable of protecting the property.<span><body><html>

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Flashcard 1366260845836

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Question
There are four requirements for the s5(2)(b) defence.
(a) The defendant must act to protect property.
(b) s5(2(b)(i) The accused must believe that the property was in immediate need of protection (subjective test).
(c) s5(2)(b)(ii) The accused must believe that the means of protection adopted are reasonable.
(d) The damage caused by the accused must be [...].
Answer
(objectively) capable of protecting the property


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ccused must believe that the property was in immediate need of protection (subjective test). (c) s5(2)(b)(ii) The accused must believe that the means of protection adopted are reasonable. (d) The damage caused by the accused must be <span>(objectively) capable of protecting the property.<span><body><html>

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Flashcard 1366262680844

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Question
In [Case] the defendant put forward the additional argument that he was entitled to rely on the CDA 1971, s 5(2)(b) because he had acted to protect property in the Gulf States. Applying the objective test from Hunt, the court held that his actions were not capable of having this effect.
Answer
Blake v DPP


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In Blake v DPP (discussed above) the defendant put forward the additional argument that he was entitled to rely on the CDA 1971, s 5(2)(b) because he had acted to protect property in the Gulf States.

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Flashcard 1366265040140

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Question
Blake v DPP
Answer
the defendant put forward the additional argument that he was entitled to rely on the CDA 1971, s 5(2)(b) because he had acted to protect property in the Gulf States. Applying the objective test from Hunt, the court held that his actions were not capable of having this effect.


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In Blake v DPP (discussed above) the defendant put forward the additional argument that he was entitled to rely on the CDA 1971, s 5(2)(b) because he had acted to protect property in the Gulf States.

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Question
In Blake v DPP (discussed above) the defendant put forward the additional argument that he was entitled to rely on the CDA 1971, s [...] because he had acted to protect property in the Gulf States. Applying the objective test from Hunt, the court held that his actions were not capable of having this effect.
Answer
5(2)(b)


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In Blake v DPP (discussed above) the defendant put forward the additional argument that he was entitled to rely on the CDA 1971, s 5(2)(b) because he had acted to protect property in the Gulf States. Applying the objective test from Hunt, the court held that his actions were not capable of having this effect. </spa

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Flashcard 1366268972300

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Question
In Blake v DPP (discussed above) the defendant put forward the additional argument that he was entitled to rely on the CDA 1971, s 5(2)(b) because he had acted to protect property in the Gulf States. Applying the objective test from Hunt, the court held that [...].
Answer
his actions were not capable of having this effect


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scussed above) the defendant put forward the additional argument that he was entitled to rely on the CDA 1971, s 5(2)(b) because he had acted to protect property in the Gulf States. Applying the objective test from Hunt, the court held that <span>his actions were not capable of having this effect. <span><body><html>

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Flashcard 1366270807308

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Question
R v Hill and Hall (1998) 89 Cr App R 74
Answer
The accused, a nuclear protestor, was arrested outside a nuclear submarine base. She was in possession of a hacksaw blade, which she intended to use to cut through the wire. She was charged under the CDA 1971, s 3 and unsuccessfully raised the defence under the CDA 1971, s 5(2)(b) that she was acting in order to persuade the Americans to leave the base, to reduce the threat of a nuclear strike, and thus protect her property. The court held that cutting the wire was far too remote from the eventual aim of protecting property to satisfy the test.


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The objective test was confirmed again in R v Hill and Hall (1998) 89 Cr App R 74. In that case, the accused, a nuclear protestor, was arrested outside a nuclear submarine base. She was in possession of a hacksaw blade, which she intended to use to cut through the

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Flashcard 1366273166604

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Question
The objective test was confirmed again in R v Hill and Hall (1998) 89 Cr App R 74. In that case, the accused, a nuclear protestor, was arrested outside a nuclear submarine base. She was in possession of a hacksaw blade, which she intended to use to cut through the wire. She was charged under the CDA 1971, s [...] and unsuccessfully raised the defence under the CDA 1971, s 5(2)(b) that she was acting in order to persuade the Americans to leave the base, to reduce the threat of a nuclear strike, and thus protect her property. The court held that cutting the wire was far too remote from the eventual aim of protecting property to satisfy the test.
Answer
3


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Cr App R 74. In that case, the accused, a nuclear protestor, was arrested outside a nuclear submarine base. She was in possession of a hacksaw blade, which she intended to use to cut through the wire. She was charged under the CDA 1971, s <span>3 and unsuccessfully raised the defence under the CDA 1971, s 5(2)(b) that she was acting in order to persuade the Americans to leave the base, to reduce the threat of a nuclear strike,

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Flashcard 1366275001612

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Question
The objective test was confirmed again in R v Hill and Hall (1998) 89 Cr App R 74. In that case, the accused, a nuclear protestor, was arrested outside a nuclear submarine base. She was in possession of a hacksaw blade, which she intended to use to cut through the wire. She was charged under the CDA 1971, s 3 and unsuccessfully raised the defence under the CDA 1971, s [...] that she was acting in order to persuade the Americans to leave the base, to reduce the threat of a nuclear strike, and thus protect her property. The court held that cutting the wire was far too remote from the eventual aim of protecting property to satisfy the test.
Answer
5(2)(b)


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was arrested outside a nuclear submarine base. She was in possession of a hacksaw blade, which she intended to use to cut through the wire. She was charged under the CDA 1971, s 3 and unsuccessfully raised the defence under the CDA 1971, s <span>5(2)(b) that she was acting in order to persuade the Americans to leave the base, to reduce the threat of a nuclear strike, and thus protect her property. The court held that cutting the wire

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Flashcard 1366276574476

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Question
The objective test was confirmed again in R v Hill and Hall (1998) 89 Cr App R 74. In that case, the accused, a nuclear protestor, was arrested outside a nuclear submarine base. She was in possession of a hacksaw blade, which she intended to use to cut through the wire. She was charged under the CDA 1971, s 3 and unsuccessfully raised the defence under the CDA 1971, s 5(2)(b) that she was acting in order to persuade the Americans to leave the base, to reduce the threat of a nuclear strike, and thus protect her property. The court held that cutting the wire was [...].
Answer
far too remote from the eventual aim of protecting property to satisfy the test


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ly raised the defence under the CDA 1971, s 5(2)(b) that she was acting in order to persuade the Americans to leave the base, to reduce the threat of a nuclear strike, and thus protect her property. The court held that cutting the wire was <span>far too remote from the eventual aim of protecting property to satisfy the test.<span><body><html>

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Flashcard 1366278409484

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Question
The CDA 1971, s [...] provides:

'A person who without lawful excuse destroys of damages any property, whether belonging to himself or another—

  1. intending to destroy or damage any property or being reckless as whether any property would be destroyed or damaged; and
  2. intending by the destruction or damage to endanger life of another or being reckless as to whether the life of another would be thereby endangered;

shall be guilty of an offence.'

Answer
1(2)


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The CDA 1971, s 1(2) provides: 'A person who without lawful excuse destroys of damages any property, whether belonging to himself or another— intending to destroy or damage any prop

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Flashcard 1366279982348

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Question
The CDA [year], s 1(2) provides:

'A person who without lawful excuse destroys of damages any property, whether belonging to himself or another—

  1. intending to destroy or damage any property or being reckless as whether any property would be destroyed or damaged; and
  2. intending by the destruction or damage to endanger life of another or being reckless as to whether the life of another would be thereby endangered;

shall be guilty of an offence.'

Answer
1971


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The CDA 1971, s 1(2) provides: 'A person who without lawful excuse destroys of damages any property, whether belonging to himself or another— intending to destroy or damage

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Flashcard 1366282341644

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Question
The [statute] provides:

'A person who without lawful excuse destroys or damages any property, whether belonging to himself or another—

  1. intending to destroy or damage any property or being reckless as whether any property would be destroyed or damaged; and
  2. intending by the destruction or damage to endanger life of another or being reckless as to whether the life of another would be thereby endangered;

shall be guilty of an offence.'

Answer
CDA 1971, s 1(2)


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The CDA 1971, s 1(2) provides: 'A person who without lawful excuse destroys of damages any property, whether belonging to himself or another— intending to destroy or damage any prop

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Flashcard 1366284963084

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Question
Take care to note that, as a matter of actus reus, it is irrelevant whether the life of another was actually endangered. See the case of [case]
Answer
R v Sangha [1988] 2 All ER 385


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Take care to note that, as a matter of actus reus, it is irrelevant whether the life of another was actually endangered. See the case of R v Sangha [1988] 2 All ER 385

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Flashcard 1366287322380

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Question
Take care to note that, as a matter of actus reus, it is [...]. See the case of R v Sangha [1988] 2 All ER 385
Answer
irrelevant whether the life of another was actually endangered


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Take care to note that, as a matter of actus reus, it is irrelevant whether the life of another was actually endangered. See the case of R v Sangha [1988] 2 All ER 385

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Flashcard 1366290468108

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#cd #crime #law
Question
If the damage is caused by fire, the risk to life will always be from the damaged property
Answer
R v Steer


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If the damage is caused by fire, the risk to life will always be from the damaged property. Lord Bridge of Harwich pointed out in R v Steer: 'It is not the match and the inflammable materials, the flaming firebrand or any other inflammatory agent which the arsoni

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Flashcard 1366292827404

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Question
If the damage is caused by fire, the risk to life will always be from the damaged property. Lord Bridge of Harwich pointed out in [case]:

'It is not the match and the inflammable materials, the flaming firebrand or any other inflammatory agent which the arsonist uses to start the fire which causes danger to life, it is the ensuing conflagration which occurs as the property which has been set on fire is damaged or destroyed. When [whether] the victim in the bedroom is overcome by the smoke or incinerated by the flames as the building burns, it would be absurd to say that this does not result from the damage to the building.'

Answer
R v Steer


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If the damage is caused by fire, the risk to life will always be from the damaged property. Lord Bridge of Harwich pointed out in R v Steer: 'It is not the match and the inflammable materials, the flaming firebrand or any other inflammatory agent which the arsonist uses to start the fire which causes danger to

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Flashcard 1366295186700

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#cd #crime #law
Question
If the damage is caused by fire, the risk to life will always be from the damaged property. [who?] pointed out in R v Steer:

'It is not the match and the inflammable materials, the flaming firebrand or any other inflammatory agent which the arsonist uses to start the fire which causes danger to life, it is the ensuing conflagration which occurs as the property which has been set on fire is damaged or destroyed. When [whether] the victim in the bedroom is overcome by the smoke or incinerated by the flames as the building burns, it would be absurd to say that this does not result from the damage to the building.'

Answer
Lord Bridge of Harwich


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If the damage is caused by fire, the risk to life will always be from the damaged property. Lord Bridge of Harwich pointed out in R v Steer: 'It is not the match and the inflammable materials, the flaming firebrand or any other inflammatory agent which the arsonist uses to start the fire

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Flashcard 1366298856716

Tags
#crime #law #oapa
Question
An assault is committed when the accused 'intentionally, or recklessly, causes another person to apprehend immediate and unlawful personal violence': [case]
Answer
Fagan v MPC [1969] 1 QB 439.


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An assault is committed when the accused 'intentionally, or recklessly, causes another person to apprehend immediate and unlawful personal violence': Fagan v MPC [1969] 1 QB 439.

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Flashcard 1366301216012

Tags
#crime #law #oapa
Question
An assault is committed when the accused '[...], causes another person to apprehend immediate and unlawful personal violence': Fagan v MPC [1969] 1 QB 439.
Answer
intentionally, or recklessly


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An assault is committed when the accused 'intentionally, or recklessly, causes another person to apprehend immediate and unlawful personal violence': Fagan v MPC [1969] 1 QB 439.

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Flashcard 1366302788876

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#crime #law #oapa
Question
An assault is committed when the accused 'intentionally, or recklessly, [...] to apprehend immediate and unlawful personal violence': Fagan v MPC [1969] 1 QB 439.
Answer
causes another person


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An assault is committed when the accused 'intentionally, or recklessly, causes another person to apprehend immediate and unlawful personal violence': Fagan v MPC [1969] 1 QB 439.

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Flashcard 1366304361740

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#crime #law #oapa
Question
An assault is committed when the accused 'intentionally, or recklessly, causes another person to [...] immediate and unlawful personal violence': Fagan v MPC [1969] 1 QB 439.
Answer
apprehend


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An assault is committed when the accused 'intentionally, or recklessly, causes another person to apprehend immediate and unlawful personal violence': Fagan v MPC [1969] 1 QB 439.

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Flashcard 1366305934604

Tags
#crime #law #oapa
Question
An assault is committed when the accused 'intentionally, or recklessly, causes another person to apprehend [...]': Fagan v MPC [1969] 1 QB 439.
Answer
immediate and unlawful personal violence


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An assault is committed when the accused 'intentionally, or recklessly, causes another person to apprehend immediate and unlawful personal violence': Fagan v MPC [1969] 1 QB 439.

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Flashcard 1366308818188

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#crime #law #oapa
Question
If the victim is caused to apprehend such a threat, it is irrelevant that the defendant does not in fact have the means to carry out that threat.
Answer
Logdon v DPP [1976] Crim LR 121


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If the victim is caused to apprehend such a threat, it is irrelevant that the defendant does not in fact have the means to carry out that threat. Logdon v DPP [1976] Crim LR 121

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Flashcard 1366311439628

Tags
#crime #law #oapa
Question
If the victim is caused to apprehend such a threat, it is irrelevant that [...]. Logdon v DPP [1976] Crim LR 121
Answer
the defendant does not in fact have the means to carry out that threat


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If the victim is caused to apprehend such a threat, it is irrelevant that the defendant does not in fact have the means to carry out that threat. Logdon v DPP [1976] Crim LR 121

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Flashcard 1366313012492

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#crime #law #oapa
Question
If the victim is [...], it is irrelevant that the defendant does not in fact have the means to carry out that threat. Logdon v DPP [1976] Crim LR 121
Answer
caused to apprehend such a threat


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If the victim is caused to apprehend such a threat, it is irrelevant that the defendant does not in fact have the means to carry out that threat. Logdon v DPP [1976] Crim LR 121

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Flashcard 1366315633932

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Question
Logdon v DPP [1976] Crim LR 121
Answer
FACTS: The defendant showed the victim a pistol in a drawer, saying that it was loaded and declaring that he would hold her hostage. The defendant alone knew that the gun was a replica and unloaded, but his actions and words caused the victim to believe otherwise. HELD: The defendant was found to have committed an assault against the victim.


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Logdon v DPP [1976] Crim LR 121 FACTS: The defendant showed the victim a pistol in a drawer, saying that it was loaded and declaring that he would hold her hostage. The defendant alone knew that the gun was a replica a

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Flashcard 1366317993228

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#crime #law #oapa
Question
Logdon v DPP [1976] Crim LR 121 FACTS: The defendant showed the victim a pistol in a drawer, saying that it was loaded and declaring that he would hold her hostage. The defendant alone knew that the gun was a replica and unloaded, but his actions and words caused the victim to believe otherwise. HELD: [...].
Answer
The defendant was found to have committed an assault against the victim


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the victim a pistol in a drawer, saying that it was loaded and declaring that he would hold her hostage. The defendant alone knew that the gun was a replica and unloaded, but his actions and words caused the victim to believe otherwise. HELD: <span>The defendant was found to have committed an assault against the victim.<span><body><html>

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Flashcard 1366321925388

Tags
#equity #law #tracing
Question
Tracing is [...]
Answer
a process by which property or assets substituted for it can be identified in the hands of recipients.


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Tracing is a process by which property or assets substituted for it can be identified in the hands of recipients.

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Flashcard 1366325857548

Tags
#equity #law #tracing
Question
Tracing is neither a claim nor a remedy but a process. It is the process by which the plaintiff traces what has happened to his property, identifies the persons who have handled it or received it, and justifies his claim that the money which they handled or received can properly be regarded as representing his property. Per Millett LJ in [case].
Answer
Boscawen v Bajwa [1995] 4 All ER 769


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es what has happened to his property, identifies the persons who have handled it or received it, and justifies his claim that the money which they handled or received can properly be regarded as representing his property. Per Millett LJ in <span>Boscawen v Bajwa [1995] 4 All ER 769.<span><body><html>

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Flashcard 1366328216844

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#equity #law #tracing
Question
Tracing is neither a claim nor a remedy but a process. It is the process by which the plaintiff traces what has happened to his property, identifies the persons who have handled it or received it, and justifies his claim that the money which they handled or received can properly be regarded as representing his property. Per [who?] in Boscawen v Bajwa [1995] 4 All ER 769.
Answer
Millett LJ


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plaintiff traces what has happened to his property, identifies the persons who have handled it or received it, and justifies his claim that the money which they handled or received can properly be regarded as representing his property. Per <span>Millett LJ in Boscawen v Bajwa [1995] 4 All ER 769.<span><body><html>

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Flashcard 1366330576140

Tags
#equity #law #tracing
Question
Tracing is neither a claim nor a remedy but a process. It is the process by which the plaintiff [...], identifies the persons who have handled it or received it, and justifies his claim that the money which they handled or received can properly be regarded as representing his property. Per Millett LJ in Boscawen v Bajwa [1995] 4 All ER 769.
Answer
traces what has happened to his property


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Tracing is neither a claim nor a remedy but a process. It is the process by which the plaintiff traces what has happened to his property, identifies the persons who have handled it or received it, and justifies his claim that the money which they handled or received can properly be regarded as representing his property

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Flashcard 1366332149004

Tags
#equity #law #tracing
Question
Tracing is neither a claim nor a remedy but a process. It is the process by which the plaintiff traces what has happened to his property, [...], and justifies his claim that the money which they handled or received can properly be regarded as representing his property. Per Millett LJ in Boscawen v Bajwa [1995] 4 All ER 769.
Answer
identifies the persons who have handled it or received it


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Tracing is neither a claim nor a remedy but a process. It is the process by which the plaintiff traces what has happened to his property, identifies the persons who have handled it or received it, and justifies his claim that the money which they handled or received can properly be regarded as representing his property. Per Millett LJ in Boscawen v Bajwa [1995] 4 All ER 769.</

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Flashcard 1366333721868

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#equity #law #tracing
Question
Tracing is neither a claim nor a remedy but a process. It is the process by which the plaintiff traces what has happened to his property, identifies the persons who have handled it or received it, and [...]. Per Millett LJ in Boscawen v Bajwa [1995] 4 All ER 769.
Answer
justifies his claim that the money which they handled or received can properly be regarded as representing his property


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Tracing is neither a claim nor a remedy but a process. It is the process by which the plaintiff traces what has happened to his property, identifies the persons who have handled it or received it, and justifies his claim that the money which they handled or received can properly be regarded as representing his property. Per Millett LJ in Boscawen v Bajwa [1995] 4 All ER 769.

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Flashcard 1366335556876

Tags
#equity #law #tracing
Question
Following is [...].
Answer
the process of identifying the same asset as it moves from person to person


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Following is the process of identifying the same asset as it moves from person to person.

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Flashcard 1366338440460

Tags
#equity #law #tracing
Question
Tracing is [...].
Answer
the process of identifying a new asset as the substitute for the original


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Tracing is the process of identifying a new asset as the substitute for the original.

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Flashcard 1366341061900

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Question
Taylor v Plumer (1815) 3 M. & S. 562
Answer
A client gave money to his stockbroker, Walsh, to invest. Walsh purchased bullion and investments with the money and was caught making off to America with them. It was held that the client could claim the bullion and investments. On Walsh’s bankruptcy, his assignees in bankruptcy sought to recover them from the defendant client. They failed.


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In Taylor v Plumer (1815) 3 M. & S. 562, a client gave money to his stockbroker, Walsh, to invest. Walsh purchased bullion and investments with the money and was caught making off to America with them. It was held that the cl

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Flashcard 1366345780492

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Question
The most usual remedy at common law is a personal claim against the recipient for the value of the property they have received. In the case of money, the action will be for money had and received. According to Millett J in [case]:

Tracing at common law ... serves an evidential purpose. The cause of action is for money had and received. Tracing at common law enables the defendant to be identified as the recipient of the plaintiff’s money and the measure of his liability to be determined by the amount of the plaintiff’s money he is shown to have received.

Answer
Agip (Africa) Ltd v Jackson [1990] Ch 265


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d>The most usual remedy at common law is a personal claim against the recipient for the value of the property they have received. In the case of money, the action will be for money had and received. According to Millett J in Agip (Africa) Ltd v Jackson [1990] Ch 265: Tracing at common law ... serves an evidential purpose. The cause of action is for money had and received. Tracing at common law enables the defendant to be identified as

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Flashcard 1366348139788

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Question
The most usual remedy at common law is a personal claim against the recipient for the value of the property they have received. In the case of money, the action will be for money had and received. According to [who] in Agip (Africa) Ltd v Jackson [1990] Ch 265:

Tracing at common law ... serves an evidential purpose. The cause of action is for money had and received. Tracing at common law enables the defendant to be identified as the recipient of the plaintiff’s money and the measure of his liability to be determined by the amount of the plaintiff’s money he is shown to have received.

Answer
Millett J


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l>The most usual remedy at common law is a personal claim against the recipient for the value of the property they have received. In the case of money, the action will be for money had and received. According to Millett J in Agip (Africa) Ltd v Jackson [1990] Ch 265: Tracing at common law ... serves an evidential purpose. The cause of action is for money had and received. Tracing at common la

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Flashcard 1366350499084

Tags
#equity #law #tracing
Question
The most usual remedy at common law is a personal claim against the recipient for the value of the property they have received. In the case of money, the action will be for money had and received. According to Millett J in Agip (Africa) Ltd v Jackson [1990] Ch 265:

Tracing at common law ... serves an [...] purpose. The cause of action is for money had and received. Tracing at common law enables the defendant to be identified as the recipient of the plaintiff’s money and the measure of his liability to be determined by the amount of the plaintiff’s money he is shown to have received.

Answer
evidential


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pient for the value of the property they have received. In the case of money, the action will be for money had and received. According to Millett J in Agip (Africa) Ltd v Jackson [1990] Ch 265: Tracing at common law ... serves an <span>evidential purpose. The cause of action is for money had and received. Tracing at common law enables the defendant to be identified as the recipient of the plaintiff’s money and the measure of his

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Flashcard 1366352071948

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Question
The most usual remedy at common law is a personal claim against the recipient for the value of the property they have received. In the case of money, the action will be for money had and received. According to Millett J in Agip (Africa) Ltd v Jackson [1990] Ch 265:

Tracing at [...] ... serves an evidential purpose. The cause of action is for money had and received. Tracing at common law enables the defendant to be identified as the recipient of the plaintiff’s money and the measure of his liability to be determined by the amount of the plaintiff’s money he is shown to have received.

Answer
common law


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al claim against the recipient for the value of the property they have received. In the case of money, the action will be for money had and received. According to Millett J in Agip (Africa) Ltd v Jackson [1990] Ch 265: Tracing at <span>common law ... serves an evidential purpose. The cause of action is for money had and received. Tracing at common law enables the defendant to be identified as the recipient of the plaintiff’s mone

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Flashcard 1366353644812

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Question
The most usual remedy at common law is a personal claim against the recipient for the value of the property they have received. In the case of money, the action will be for money had and received. According to Millett J in Agip (Africa) Ltd v Jackson [1990] Ch 265:

Tracing at common law ... serves an evidential purpose. The cause of action is for [...]. Tracing at common law enables the defendant to be identified as the recipient of the plaintiff’s money and the measure of his liability to be determined by the amount of the plaintiff’s money he is shown to have received.

Answer
money had and received


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eceived. In the case of money, the action will be for money had and received. According to Millett J in Agip (Africa) Ltd v Jackson [1990] Ch 265: Tracing at common law ... serves an evidential purpose. The cause of action is for <span>money had and received. Tracing at common law enables the defendant to be identified as the recipient of the plaintiff’s money and the measure of his liability to be determined by the amount of the plaintiff’

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Flashcard 1366356528396

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#equity #law #tracing
Question
it may well be new trustees seeking to recover the trust property wrongfully given away by the old trustee ([case]) or a wrongdoing trustee trying to restore property to the trust (Montrose Investments Ltd v Oriin Nominees Ltd [2002] EWCA Civ 1032) or it could be a beneficiary under the trust seeking to recover the property to be held as part of the trust fund or for himself if absolutely entitled on termination of the trust.
Answer
Young v Murphy [1996] 1 Victoria Rep 279


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it may well be new trustees seeking to recover the trust property wrongfully given away by the old trustee (Young v Murphy [1996] 1 Victoria Rep 279) or a wrongdoing trustee trying to restore property to the trust (Montrose Investments Ltd v Oriin Nominees Ltd [2002] EWCA Civ 1032) or it could be a beneficiary under the trust se

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Flashcard 1366358887692

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Question
it may well be new trustees seeking to recover the trust property wrongfully given away by the old trustee (Young v Murphy [1996] 1 Victoria Rep 279) or a wrongdoing trustee trying to restore property to the trust ([case]) or it could be a beneficiary under the trust seeking to recover the property to be held as part of the trust fund or for himself if absolutely entitled on termination of the trust.
Answer
Montrose Investments Ltd v Oriin Nominees Ltd [2002] EWCA Civ 1032


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head>it may well be new trustees seeking to recover the trust property wrongfully given away by the old trustee (Young v Murphy [1996] 1 Victoria Rep 279) or a wrongdoing trustee trying to restore property to the trust (Montrose Investments Ltd v Oriin Nominees Ltd [2002] EWCA Civ 1032) or it could be a beneficiary under the trust seeking to recover the property to be held as part of the trust fund or for himself if absolutely entitled on termination of the trust.</

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Flashcard 1366361509132

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Question
Where the claimant’s money is used to discharge a secured debt, the claimant is allowed to [...]
Answer
‘stand in the shoes’ of the creditor, and gain the benefit of the creditor’s charge


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Where the claimant’s money is used to discharge a secured debt, the claimant is allowed to ‘stand in the shoes’ of the creditor, and gain the benefit of the creditor’s charge

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Flashcard 1366363344140

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Question
Under The Limitation Act [year], a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine of laches may apply in a rare case.
Answer
1980


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Under The Limitation Act 1980, a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine

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Flashcard 1366365703436

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Question
Under The [statute] 1980, a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine of laches may apply in a rare case.
Answer
Limitation Act


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Under The Limitation Act 1980, a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctr

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Question
Under The [statute], a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine of laches may apply in a rare case.
Answer
Limitation Act 1980


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Under The Limitation Act 1980, a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine

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Question
Under The Limitation Act 1980, a [...] claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine of laches may apply in a rare case.
Answer
personal


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Under The Limitation Act 1980, a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine of laches may

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Question
Under The Limitation Act 1980, a personal claim must be brought within [...]. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine of laches may apply in a rare case.
Answer
six years


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Under The Limitation Act 1980, a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine of laches may apply in a rare case.</

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Question
Under The Limitation Act 1980, a personal claim must be brought within six years. This does not apply to a [...] within Limitation Act 1980, s 21(1), although the equitable doctrine of laches may apply in a rare case.
Answer
proprietary remedy against a trustee


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Under The Limitation Act 1980, a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine of laches may apply in a rare case.

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Question
Under The Limitation Act 1980, a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within [statute], s 21(1), although the equitable doctrine of laches may apply in a rare case.
Answer
Limitation Act 1980


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Under The Limitation Act 1980, a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine of laches may apply in a rare case.

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Question
Under The Limitation Act 1980, a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s [...], although the equitable doctrine of laches may apply in a rare case.
Answer
21(1)


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Under The Limitation Act 1980, a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine of laches may apply in a rare case.

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Question
Under The Limitation Act 1980, a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within [statute], although the equitable doctrine of laches may apply in a rare case.
Answer
Limitation Act 1980, s 21(1)


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Under The Limitation Act 1980, a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine of laches may apply in a rare case.

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Question
Property can be traced at common law as long as [...].
Answer
the means of identifying it still exist


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Property can be traced at common law as long as the means of identifying it still exist.

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Property can be traced at common law as long as the means of identifying it still exist. This is straightforward where the property being traced is the original asset, but becomes difficult where the property has changed form, e.g. by being substituted or exchanged for other property or mixed with something else. It is no objection if the original property has been substituted for other property provided [...]. For example, where money was used to buy investments and bullion: Taylor v Plumer (1819) 3 M&S 562, or has been paid into a separate bank account: Banque Belge pour L’Etranger v Hambrouck [1921] 1 KB 321.
Answer
the property or its product has at all times remained identifiable


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but becomes difficult where the property has changed form, e.g. by being substituted or exchanged for other property or mixed with something else. It is no objection if the original property has been substituted for other property provided <span>the property or its product has at all times remained identifiable. For example, where money was used to buy investments and bullion: Taylor v Plumer (1819) 3 M&S 562, or has been paid into a separate bank account: Banque Belge pour L’Etranger v

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Property can be traced at common law as long as the means of identifying it still exist. This is straightforward where the property being traced is the original asset, but becomes difficult where the property has changed form, e.g. by being substituted or exchanged for other property or mixed with something else. It is no objection if the original property has been substituted for other property provided the property or its product has at all times remained identifiable. For example, where money was used to buy investments and bullion: [case], or has been paid into a separate bank account: Banque Belge pour L’Etranger v Hambrouck [1921] 1 KB 321.
Answer
Taylor v Plumer (1819) 3 M&S 562


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ething else. It is no objection if the original property has been substituted for other property provided the property or its product has at all times remained identifiable. For example, where money was used to buy investments and bullion: <span>Taylor v Plumer (1819) 3 M&S 562, or has been paid into a separate bank account: Banque Belge pour L’Etranger v Hambrouck [1921] 1 KB 321.<span><body><html>

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Question
Property can be traced at common law as long as the means of identifying it still exist. This is straightforward where the property being traced is the original asset, but becomes difficult where the property has changed form, e.g. by being substituted or exchanged for other property or mixed with something else. It is no objection if the original property has been substituted for other property provided the property or its product has at all times remained identifiable. For example, where money was used to buy investments and bullion: Taylor v Plumer (1819) 3 M&S 562, or has been paid into a separate bank account: [case].
Answer
Banque Belge pour L’Etranger v Hambrouck [1921] 1 KB 321


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er property provided the property or its product has at all times remained identifiable. For example, where money was used to buy investments and bullion: Taylor v Plumer (1819) 3 M&S 562, or has been paid into a separate bank account: <span>Banque Belge pour L’Etranger v Hambrouck [1921] 1 KB 321.<span><body><html>

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Question
In the case of money, unless the actual coins or notes can be identified, the claimant must use the action for money had and received.
Answer
Lipkin Gorman v Karpnale Ltd [1991] 2 AC 548


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In the case of money, unless the actual coins or notes can be identified, the claimant must use the action for money had and received. Here the tracing process is used to identify the defendant as having received the claimant’s money. The claimant then seeks to recover an equivalent sum via a personal claim.</s

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Question
Commerzbank AG v Gareth Price-Jones [2003] EWCA Civ 1663
Answer
the defendant banker attempted to use change of position as a defence to an action by his employer bank for return of a bonus they had paid twice by mistake. The defendant had not spent the additional bonus yet, and so could not be said to have been ‘disenriched’ as required by Lord Goff, but argued that he had believed the second payment was intended to increase his entitlement in recognition of his services, and that this had induced him not to seek higher remuneration elsewhere. The Court of Appeal did not accept that this was a relevant change of position, as the defendant had not done anything sufficiently significant or substantial in reliance on the receipt. However, the court kept open the possibility that a relevant change of position could arise even where, as here, no expenditure had been incurred.


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Subsequent case law has attempted to expand on this definition of a qualifying change of position in reliance. In Commerzbank AG v Gareth Price-Jones [2003] EWCA Civ 1663, the defendant banker attempted to use change of position as a defence to an action by his employer bank for return of a bonus they had paid twice by mistake. The defendant had not spen

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Subsequent case law has attempted to expand on this definition of a qualifying change of position in reliance. In [case], the defendant banker attempted to use change of position as a defence to an action by his employer bank for return of a bonus they had paid twice by mistake. The defendant had not spent the additional bonus yet, and so could not be said to have been ‘disenriched’ as required by Lord Goff, but argued that he had believed the second payment was intended to increase his entitlement in recognition of his services, and that this had induced him not to seek higher remuneration elsewhere. The Court of Appeal did not accept that this was a relevant change of position, as the defendant had not done anything sufficiently significant or substantial in reliance on the receipt. However, the court kept open the possibility that a relevant change of position could arise even where, as here, no expenditure had been incurred. Munby J in particular emphasised that the defence was not restricted to cases of disenrichment, although it has not been applied outside this context yet.
Answer
Commerzbank AG v Gareth Price-Jones [2003] EWCA Civ 1663


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Subsequent case law has attempted to expand on this definition of a qualifying change of position in reliance. In Commerzbank AG v Gareth Price-Jones [2003] EWCA Civ 1663, the defendant banker attempted to use change of position as a defence to an action by his employer bank for return of a bonus they had paid twice by mistake. The defendant had not spen

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Question
Subsequent case law has attempted to expand on this definition of a qualifying change of position in reliance. In Commerzbank AG v Gareth Price-Jones [2003] EWCA Civ 1663, the defendant banker attempted to use change of position as a defence to an action by his employer bank for return of a bonus they had paid twice by mistake. The defendant had not spent the additional bonus yet, and so could not be said to have been ‘disenriched’ as required by Lord Goff, but argued that he had believed the second payment was intended to increase his entitlement in recognition of his services, and that this had induced him not to seek higher remuneration elsewhere. The Court of Appeal did not accept that this was a relevant change of position, as the defendant had not done anything [...] on the receipt. However, the court kept open the possibility that a relevant change of position could arise even where, as here, no expenditure had been incurred. Munby J in particular emphasised that the defence was not restricted to cases of disenrichment, although it has not been applied outside this context yet.
Answer
sufficiently significant or substantial in reliance


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se his entitlement in recognition of his services, and that this had induced him not to seek higher remuneration elsewhere. The Court of Appeal did not accept that this was a relevant change of position, as the defendant had not done anything <span>sufficiently significant or substantial in reliance on the receipt. However, the court kept open the possibility that a relevant change of position could arise even where, as here, no expenditure had been incurred. Munby J in particular e

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The fiduciary relationship need not be between the claimant and the defendant. The Court of Appeal in [case] held that the claimant must show that there is a fiduciary relationship between himself and the defendant or between himself and a person who transferred the property to the defendant.
Answer
Re Diplock


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The fiduciary relationship need not be between the claimant and the defendant. The Court of Appeal in Re Diplock held that the claimant must show that there is a fiduciary relationship between himself and the defendant or between himself and a person who transferred the property to the defendant.</

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The fiduciary relationship need not be between the claimant and the defendant. The Court of Appeal in Re Diplock held that the claimant must show that there is a fiduciary relationship between [...] or between himself and a person who transferred the property to the defendant.
Answer
himself and the defendant


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The fiduciary relationship need not be between the claimant and the defendant. The Court of Appeal in Re Diplock held that the claimant must show that there is a fiduciary relationship between himself and the defendant or between himself and a person who transferred the property to the defendant.

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Question
The fiduciary relationship need not be between the claimant and the defendant. The Court of Appeal in Re Diplock held that the claimant must show that there is a fiduciary relationship between himself and the defendant or between [...].
Answer
himself and a person who transferred the property to the defendant


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>The fiduciary relationship need not be between the claimant and the defendant. The Court of Appeal in Re Diplock held that the claimant must show that there is a fiduciary relationship between himself and the defendant or between himself and a person who transferred the property to the defendant.<body><html>

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Question
Property can only be traced if it is [...]. If it has been dissipated, e.g. spent on food, drink or a holiday, it will no longer be identifiable and cannot be traced.
Answer
identifiable


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Property can only be traced if it is identifiable. If it has been dissipated, e.g. spent on food, drink or a holiday, it will no longer be identifiable and cannot be traced.

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Question
Property can only be traced if it is identifiable. If it has been dissipated, e.g. spent on food, drink or a holiday, it will no longer be identifiable and cannot be traced. Similarly money paid into an overdrawn bank account ([case]) or spent paying off other unsecured debts (as in Re Diplock) cannot be traced. Indeed, if S tries to create a trust of his money by sending his cheque to T Ltd expressly so that the money will be held on trust for him, no trust ever arises if the money was lost by payment into an overdrawn bank account: Re BA Peters plc [2008] EWCA Civ 1604.
Answer
Bishopsgate Investment Management v Homan [1995] Ch 211


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Property can only be traced if it is identifiable. If it has been dissipated, e.g. spent on food, drink or a holiday, it will no longer be identifiable and cannot be traced. Similarly money paid into an overdrawn bank account (Bishopsgate Investment Management v Homan [1995] Ch 211) or spent paying off other unsecured debts (as in Re Diplock) cannot be traced. Indeed, if S tries to create a trust of his money by sending his cheque to T Ltd expressly so that the

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Question
Property can only be traced if it is identifiable. If it has been dissipated, e.g. spent on food, drink or a holiday, it will no longer be identifiable and cannot be traced. Similarly money paid into an overdrawn bank account (Bishopsgate Investment Management v Homan [1995] Ch 211) or spent paying off other unsecured debts (as in [case]) cannot be traced. Indeed, if S tries to create a trust of his money by sending his cheque to T Ltd expressly so that the money will be held on trust for him, no trust ever arises if the money was lost by payment into an overdrawn bank account: Re BA Peters plc [2008] EWCA Civ 1604.
Answer
Re Diplock


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od, drink or a holiday, it will no longer be identifiable and cannot be traced. Similarly money paid into an overdrawn bank account (Bishopsgate Investment Management v Homan [1995] Ch 211) or spent paying off other unsecured debts (as in <span>Re Diplock) cannot be traced. Indeed, if S tries to create a trust of his money by sending his cheque to T Ltd expressly so that the money will be held on trust for him, no trust ever arises i

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Question
Property can only be traced if it is identifiable. If it has been dissipated, e.g. spent on food, drink or a holiday, it will no longer be identifiable and cannot be traced. Similarly money paid into [...] (Bishopsgate Investment Management v Homan [1995] Ch 211) or spent paying off other unsecured debts (as in Re Diplock) cannot be traced. Indeed, if S tries to create a trust of his money by sending his cheque to T Ltd expressly so that the money will be held on trust for him, no trust ever arises if the money was lost by payment into an overdrawn bank account: Re BA Peters plc [2008] EWCA Civ 1604.
Answer
an overdrawn bank account


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Property can only be traced if it is identifiable. If it has been dissipated, e.g. spent on food, drink or a holiday, it will no longer be identifiable and cannot be traced. Similarly money paid into an overdrawn bank account (Bishopsgate Investment Management v Homan [1995] Ch 211) or spent paying off other unsecured debts (as in Re Diplock) cannot be traced. Indeed, if S tries to create a trust of his mon

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Question
Property can only be traced if it is identifiable. If it has been dissipated, e.g. spent on food, drink or a holiday, it will no longer be identifiable and cannot be traced. Similarly money paid into an overdrawn bank account (Bishopsgate Investment Management v Homan [1995] Ch 211) or spent [...] (as in Re Diplock) cannot be traced. Indeed, if S tries to create a trust of his money by sending his cheque to T Ltd expressly so that the money will be held on trust for him, no trust ever arises if the money was lost by payment into an overdrawn bank account: Re BA Peters plc [2008] EWCA Civ 1604.
Answer
paying off other unsecured debts


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it has been dissipated, e.g. spent on food, drink or a holiday, it will no longer be identifiable and cannot be traced. Similarly money paid into an overdrawn bank account (Bishopsgate Investment Management v Homan [1995] Ch 211) or spent <span>paying off other unsecured debts (as in Re Diplock) cannot be traced. Indeed, if S tries to create a trust of his money by sending his cheque to T Ltd expressly so that the money will be held on trust for him, no tr

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Question
Indeed, if S tries to create a trust of his money by sending his cheque to T Ltd expressly so that the money will be held on trust for him, no trust ever arises if the money was lost by payment into an overdrawn bank account: [case].
Answer
Re BA Peters plc [2008] EWCA Civ 1604


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body>Indeed, if S tries to create a trust of his money by sending his cheque to T Ltd expressly so that the money will be held on trust for him, no trust ever arises if the money was lost by payment into an overdrawn bank account: Re BA Peters plc [2008] EWCA Civ 1604.<body><html>

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Question
If trust property has been kept separate, it can be reclaimed.

If it has been sold, the beneficiaries can [...].

If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to have a charge over the property and sue the defendant for the balance.
Answer
trace into and claim the proceeds of sale


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If trust property has been kept separate, it can be reclaimed. If it has been sold, the beneficiaries can trace into and claim the proceeds of sale. If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the clai

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Question
If trust property has been kept separate, it can [...].

If it has been sold, the beneficiaries can trace into and claim the proceeds of sale.

If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to have a charge over the property and sue the defendant for the balance.
Answer
be reclaimed


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If trust property has been kept separate, it can be reclaimed. If it has been sold, the beneficiaries can trace into and claim the proceeds of sale. If the wrongdoer has used trust funds to purchase other property, the claima

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Question
If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies
Answer
Re Hallett’s Estate (1880) 13 Ch D 696


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If trust property has been kept separate, it can be reclaimed. If it has been sold, the beneficiaries can trace into and claim the proceeds of sale. If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expende

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Question
If trust property has been kept separate, it can be reclaimed.

If it has been sold, the beneficiaries can trace into and claim the proceeds of sale.

If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In [case], it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to have a charge over the property and sue the defendant for the balance.
Answer
Re Hallett’s Estate (1880) 13 Ch D 696


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rate, it can be reclaimed. If it has been sold, the beneficiaries can trace into and claim the proceeds of sale. If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In <span>Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appr

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If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect [...]. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to have a charge over the property and sue the defendant for the balance.
Answer
either to take the property or to have a charge over the property for the amount of his money expended in its purchase


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If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to have a charge over the property and sue

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Question
If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to [...], but if it has depreciated, he would be best advised to have a charge over the property and sue the defendant for the balance.
Answer
take the property


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3 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to <span>take the property, but if it has depreciated, he would be best advised to have a charge over the property and sue the defendant for the balance.<span><body><html>

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Question
If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to [...].
Answer
have a charge over the property and sue the defendant for the balance


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perty or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to <span>have a charge over the property and sue the defendant for the balance.<span><body><html>

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Question
Where the trustee has mixed the funds of two or more trusts, the two trusts must share the funds rateably
Answer
Re Diplock


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Where the trustee has mixed the funds of two or more trusts, according to Re Diplock, the two trusts must share the funds rateably

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Question
Where the trustee has mixed the funds of two or more trusts, according to Re Diplock, the two trusts must share the funds [...]
Answer
rateably


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Where the trustee has mixed the funds of two or more trusts, according to Re Diplock, the two trusts must share the funds rateably

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Question
Where the trustee has mixed the funds of two or more trusts, according to Re Diplock, the two trusts must [...]
Answer
share the funds rateably


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Where the trustee has mixed the funds of two or more trusts, according to Re Diplock, the two trusts must share the funds rateably

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Question
Where the trustee has [...], according to Re Diplock, the two trusts must share the funds rateably
Answer
mixed the funds of two or more trusts


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Where the trustee has mixed the funds of two or more trusts, according to Re Diplock, the two trusts must share the funds rateably

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The same rule that funds must be shared rateably applies where the funds of an innocent volunteer (sometimes referred to as an innocent contributor in such circumstances) have been mixed with funds belonging to a trust. This is whether the mixing was done by the trustee or the other contributor himself - [case]. So, for example, if the trustee wrongly gives £6,000 of Trust A’s money to his son, an innocent volunteer, and the son buys property with that £6,000 and £2,000 of his own money, the property will be owned three quarters by the Trust A and one quarter by the son. If the property goes down in value, Trust A will not be able to claim an equitable charge for £6,000, as that would prejudice the son’s claim.
Answer
Re Diplock


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the funds of an innocent volunteer (sometimes referred to as an innocent contributor in such circumstances) have been mixed with funds belonging to a trust. This is whether the mixing was done by the trustee or the other contributor himself - <span>Re Diplock. So, for example, if the trustee wrongly gives £6,000 of Trust A’s money to his son, an innocent volunteer, and the son buys property with that £6,000 and £2,000 of his own money, the p

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Where a secured debt is paid off with the use of misappropriated assets, subrogation allows the debt to be ‘revived’ in favour of the party whose money was used to pay off the original secured debt.
Answer
Boscawen v Bajwa [1995] 4 All ER 769


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However, this is a distinct type of subrogation specifically entitled reviving subrogation. Where a secured debt is paid off with the use of misappropriated assets, subrogation allows the debt to be ‘revived’ in favour of the party whose money was used to pay off the original secured debt.

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Question
Boscawen v Bajwa [1995] 4 All ER 769
Answer
The simplified facts were that Mr Bajwa had entered into a contract to sell his house. The house was mortgaged to the Halifax Building Society. The contract, unknown to the parties, failed to comply with s2 Law of Property (Miscellaneous Provisions) Act 1989 and so was void. The purchaser sought a loan from Abbey National, which paid the loan money to the purchaser’s solicitors. As a result of a muddle between them and Mr Bajwa’s solicitors, this money was paid over to the Halifax Building Society before the transfer of title to the purchaser was completed. The Halifax used the money to discharge its mortgage. The transfer was not completed and the sale fell through. Abbey National sought to trace its money and have a charge over the property by way of subrogation to the Halifax Building Society; that is, Abbey National wished to step into the shoes of the Halifax and have a charge over Mr Bajwa’s house. The Court of Appeal allowed this, holding that the charge had not been redeemed for Mr Bajwa’s benefit. Thus where the claimant’s money has been used to pay off secured debts, he may be subrogated to the position of the creditor and be given a charge over the property. However, it is important to realise that the terms of the revived mortgage can be no more favourable to the claimant than the terms of the original mortgage were to the original lender.


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In Boscawen v Bajwa [1995] 4 All ER 769, the simplified facts were that Mr Bajwa had entered into a contract to sell his house. The house was mortgaged to the Halifax Building Society. The contract, unknown to the parties,

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Question
Where the claimant’s money is paid into the wrongdoer’s bank account and mixed with the wrongdoer’s money, the claimant has an equitable charge on the bank account for the amount of money paid in.
Answer
Re Hallett’s Estate.


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Where the claimant’s money is paid into the wrongdoer’s bank account and mixed with the wrongdoer’s money, the claimant has an equitable charge on the bank account for the amount of money paid in - Re Hallett’s Estate.

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Question
When payments are made out of a mixed bank account, the claimant’s equitable charge over the mixed fund attaches to assets purchased with such payments.
Answer
El Ajou Dollar Land Holdings plc [1993] 3 All ER 717 at 736


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When payments are made out of a mixed bank account, the claimant’s equitable charge over the mixed fund attaches to assets purchased with such payments: El Ajou Dollar Land Holdings plc [1993] 3 All ER 717 at 736.

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Question
Where property bought with earlier payments out of the bank account has gone up in value, it would be to the claimant’s advantage to trace his money into this property rather than simply claiming his money in the account. The starting point is that where a trustee wrongfully uses trust money mixed with his own, whether in one bank account or using money from the trust account with money from his own account, to buy an asset, the beneficiary is entitled at his option either to claim a proportionate share of the asset or to enforce a lien upon it to secure a personal claim against the trustee for the amount of the misapplied money
Answer
Foskett v McKeown [2001] 1 AC 102 at 131.


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to buy an asset, the beneficiary is entitled at his option either to claim a proportionate share of the asset or to enforce a lien upon it to secure a personal claim against the trustee for the amount of the misapplied money: Lord Millett in <span>Foskett v McKeown [2001] 1 AC 102 at 131.<span><body><html>

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Where property bought with earlier payments out of the bank account has gone up in value, it would be to the claimant’s advantage to trace his money into this property rather than simply claiming his money in the account. The starting point is that where a trustee wrongfully uses trust money mixed with his own, whether in one bank account or using money from the trust account with money from his own account, to buy an asset, the beneficiary is entitled at his option either [...]: Lord Millett in Foskett v McKeown [2001] 1 AC 102 at 131.
Answer
to claim a proportionate share of the asset or to enforce a lien upon it to secure a personal claim against the trustee for the amount of the misapplied money


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point is that where a trustee wrongfully uses trust money mixed with his own, whether in one bank account or using money from the trust account with money from his own account, to buy an asset, the beneficiary is entitled at his option either <span>to claim a proportionate share of the asset or to enforce a lien upon it to secure a personal claim against the trustee for the amount of the misapplied money: Lord Millett in Foskett v McKeown [2001] 1 AC 102 at 131.<span><body><html>

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In [case] Rimer LJ (as he then was) considered that a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s. It was said that the beneficiary may be allowed to ‘cherry pick’ if the only contest is between the beneficiary and the wrongdoer, to avoid the wrongdoer being left with all the cherries.
Answer
Shalson v Russo [2003] EWHC 1637 (Ch), [2005] Ch 281


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In Shalson v Russo [2003] EWHC 1637 (Ch), [2005] Ch 281 Rimer LJ (as he then was) considered that a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s. It was sa

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In Shalson v Russo [2003] EWHC 1637 (Ch), [2005] Ch 281 [who?] considered that a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s. It was said that the beneficiary may be allowed to ‘cherry pick’ if the only contest is between the beneficiary and the wrongdoer, to avoid the wrongdoer being left with all the cherries.
Answer
Rimer LJ (as he then was)


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In Shalson v Russo [2003] EWHC 1637 (Ch), [2005] Ch 281 Rimer LJ (as he then was) considered that a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s. It was said that the beneficiary may

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In Shalson v Russo [2003] EWHC 1637 (Ch), [2005] Ch 281 Rimer LJ (as he then was) considered that a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s. It was said that [...] if the only contest is between the beneficiary and the wrongdoer, to avoid the wrongdoer being left with all the cherries.
Answer
the beneficiary may be allowed to ‘cherry pick’


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n v Russo [2003] EWHC 1637 (Ch), [2005] Ch 281 Rimer LJ (as he then was) considered that a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s. It was said that <span>the beneficiary may be allowed to ‘cherry pick’ if the only contest is between the beneficiary and the wrongdoer, to avoid the wrongdoer being left with all the cherries.<span><body><html>

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In Shalson v Russo [2003] EWHC 1637 (Ch), [2005] Ch 281 Rimer LJ (as he then was) considered that a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s. It was said that the beneficiary may be allowed to ‘cherry pick’ [...]
Answer
if the only contest is between the beneficiary and the wrongdoer, to avoid the wrongdoer being left with all the cherries.


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Rimer LJ (as he then was) considered that a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s. It was said that the beneficiary may be allowed to ‘cherry pick’ <span>if the only contest is between the beneficiary and the wrongdoer, to avoid the wrongdoer being left with all the cherries.<span><body><html>

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In Shalson v Russo [2003] EWHC 1637 (Ch), [2005] Ch 281 Rimer LJ (as he then was) considered that [...]. It was said that the beneficiary may be allowed to ‘cherry pick’ if the only contest is between the beneficiary and the wrongdoer, to avoid the wrongdoer being left with all the cherries.
Answer
a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s


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In Shalson v Russo [2003] EWHC 1637 (Ch), [2005] Ch 281 Rimer LJ (as he then was) considered that a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s. It was said that the beneficiary may be allowed to ‘cherry pick’ if the only contest is between the beneficiary and the wrongdoer, to avoid the wrongdoer being left with all the che

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In [case], the High Court, however, did not allow a beneficiary to choose an earlier payment out when there was still money in the trustee’s bank account to satisfy the beneficiary’s claim.
Answer
Turner v Jacob [2006] EWHC 1317


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In Turner v Jacob [2006] EWHC 1317, the High Court, however, did not allow a beneficiary to chose an earlier payment out when there was still money in the trustee’s bank account to satisfy the beneficiary’s claim.

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In Turner v Jacob [2006] EWHC 1317, the High Court, however, did not allow a beneficiary to chose an earlier payment out when [...].
Answer
there was still money in the trustee’s bank account to satisfy the beneficiary’s claim


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In Turner v Jacob [2006] EWHC 1317, the High Court, however, did not allow a beneficiary to chose an earlier payment out when there was still money in the trustee’s bank account to satisfy the beneficiary’s claim.

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Turner v Jacob [2006] EWHC 1317
Answer
In this case a husband gave £75,000 to his estranged wife to pay off the mortgage of a property on the basis that she would give the property to her daughter. She did not do this. The judge held that the £75,000 was held on trust for the daughter. The mother then dissipated all but £10,339 of this money, but that amount was still held on trust for the daughter. The mother put more money into her account as an attempt to remedy the breach that had taken place, but that money could not replace the dissipated money as per Roscoe v Winder (see below). The mother then bought two properties with the money she had taken from the account, which went up in value. She died and left the residue of her estate, which included what was in the bank account, to her daughter. The daughter sensibly wanted to trace her £10,399 into the second property, rather than have it treated as a debt due to her out of the residuary estate which she had, anyhow, inherited. She was not allowed to do so because £10,399 was still available in the account. Patten J had earlier rejected claims by the daughter to a common intention constructive trust interest or an equitable proprietary interest and was happy to dismiss her tracing claim without any detailed consideration of the issues.


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In Turner v Jacob [2006] EWHC 1317, the High Court, however, did not allow a beneficiary to chose an earlier payment out when there was still money in the trustee’s bank account to satisfy the beneficiary’s claim. I

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Question
In Turner v Jacob [2006] EWHC 1317, the High Court, however, did not allow a beneficiary to chose an earlier payment out when there was still money in the trustee’s bank account to satisfy the beneficiary’s claim.
In this case a husband gave £75,000 to his estranged wife to pay off the mortgage of a property on the basis that she would give the property to her daughter. She did not do this. The judge held that the £75,000 was held on trust for the daughter. The mother then dissipated all but £10,339 of this money, but that amount was still held on trust for the daughter. The mother put more money into her account as an attempt to remedy the breach that had taken place, but that money could not replace the dissipated money as per Roscoe v Winder (see below). The mother then bought two properties with the money she had taken from the account, which went up in value. She died and left the residue of her estate, which included what was in the bank account, to her daughter. The daughter sensibly wanted to trace her £10,399 into the second property, rather than have it treated as a debt due to her out of the residuary estate which she had, anyhow, inherited. She was not allowed to do so because [...]. Patten J had earlier rejected claims by the daughter to a common intention constructive trust interest or an equitable proprietary interest and was happy to dismiss her tracing claim without any detailed consideration of the issues.
Answer
£10,399 was still available in the account


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, to her daughter. The daughter sensibly wanted to trace her £10,399 into the second property, rather than have it treated as a debt due to her out of the residuary estate which she had, anyhow, inherited. She was not allowed to do so because <span>£10,399 was still available in the account. Patten J had earlier rejected claims by the daughter to a common intention constructive trust interest or an equitable proprietary interest and was happy to dismiss her tracing claim w

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Question
In Turner v Jacob [2006] EWHC 1317, the High Court, however, did not allow a beneficiary to chose an earlier payment out when there was still money in the trustee’s bank account to satisfy the beneficiary’s claim.
In this case a husband gave £75,000 to his estranged wife to pay off the mortgage of a property on the basis that she would give the property to her daughter. She did not do this. The judge held that the £75,000 was held on trust for the daughter. The mother then dissipated all but £10,339 of this money, but that amount was still held on trust for the daughter. The mother put more money into her account as an attempt to remedy the breach that had taken place, but that money could not replace the dissipated money as per [case]. The mother then bought two properties with the money she had taken from the account, which went up in value. She died and left the residue of her estate, which included what was in the bank account, to her daughter. The daughter sensibly wanted to trace her £10,399 into the second property, rather than have it treated as a debt due to her out of the residuary estate which she had, anyhow, inherited. She was not allowed to do so because £10,399 was still available in the account. Patten J had earlier rejected claims by the daughter to a common intention constructive trust interest or an equitable proprietary interest and was happy to dismiss her tracing claim without any detailed consideration of the issues.
Answer
Roscoe v Winder


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£10,339 of this money, but that amount was still held on trust for the daughter. The mother put more money into her account as an attempt to remedy the breach that had taken place, but that money could not replace the dissipated money as per <span>Roscoe v Winder (see below). The mother then bought two properties with the money she had taken from the account, which went up in value. She died and left the residue of her estate, which included what

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Question
The initial reservation with the Anns approach was voiced by the Australian judge Brennan J in [case]. In Sutherland Brennan J. stated:

It is preferable, in my view, that the law should develop novel categories of negligence incrementally and by analogy with established categories rather than by a massive extension of a prima facie duty of care restrained only by indefinable considerations which ought to negative or reduce or limit the scope of the duty or the class of person to whom it is owed.

Answer
Sutherland Shire Council v Heyman (1985) 60 ALR 1


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The initial reservation with the Anns approach was voiced by the Australian judge Brennan J in Sutherland Shire Council v Heyman (1985) 60 ALR 1. In Sutherland Brennan J. stated: It is preferable, in my view, that the law should develop novel categories of negligence incrementally and by analogy with established cat

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Question
The initial reservation with the Anns approach was voiced by the Australian judge Brennan J in Sutherland Shire Council v Heyman (1985) 60 ALR 1. In Sutherland Brennan J. stated:

It is preferable, in my view, that the law should develop novel categories of negligence [...] rather than by a massive extension of a prima facie duty of care restrained only by indefinable considerations which ought to negative or reduce or limit the scope of the duty or the class of person to whom it is owed.

Answer
incrementally and by analogy with established categories


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approach was voiced by the Australian judge Brennan J in Sutherland Shire Council v Heyman (1985) 60 ALR 1. In Sutherland Brennan J. stated: It is preferable, in my view, that the law should develop novel categories of negligence <span>incrementally and by analogy with established categories rather than by a massive extension of a prima facie duty of care restrained only by indefinable considerations which ought to negative or reduce or limit the scope of the duty or the cla

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Flashcard 1366497299724

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Question
The present situation would appear to be as follows. Firstly, the judge should consider whether there are any existing authorities which have already established a duty of care in the situation being considered. If no such precedent exists, the judge should only impose a duty of care if the following three-stage test is satisfied:
1. Was the damage to the claimant [...]?
2. Was there a relationship of sufficient proximity between the claimant and the defendant?
3. Is it ‘fair, just and reasonable’ for the law to impose a duty of care in the situation?
Answer
reasonably foreseeable


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s which have already established a duty of care in the situation being considered. If no such precedent exists, the judge should only impose a duty of care if the following three-stage test is satisfied: 1. Was the damage to the claimant <span>reasonably foreseeable? 2. Was there a relationship of sufficient proximity between the claimant and the defendant? 3. Is it ‘fair, just and reasonable’ for the law to impose a duty of care in the s

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Flashcard 1366498872588

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Question
The present situation would appear to be as follows. Firstly, the judge should consider whether there are any existing authorities which have already established a duty of care in the situation being considered. If no such precedent exists, the judge should only impose a duty of care if the following three-stage test is satisfied:
1. Was the damage to the claimant reasonably foreseeable?
2. Was there a [...]?
3. Is it ‘fair, just and reasonable’ for the law to impose a duty of care in the situation?
Answer
relationship of sufficient proximity between the claimant and the defendant


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are in the situation being considered. If no such precedent exists, the judge should only impose a duty of care if the following three-stage test is satisfied: 1. Was the damage to the claimant reasonably foreseeable? 2. Was there a <span>relationship of sufficient proximity between the claimant and the defendant? 3. Is it ‘fair, just and reasonable’ for the law to impose a duty of care in the situation?<span><body><html>

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Flashcard 1366500445452

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Question
The present situation would appear to be as follows. Firstly, the judge should consider whether there are any existing authorities which have already established a duty of care in the situation being considered. If no such precedent exists, the judge should only impose a duty of care if the following three-stage test is satisfied:
1. Was the damage to the claimant reasonably foreseeable?
2. Was there a relationship of sufficient proximity between the claimant and the defendant?
3. Is it [...] in the situation?
Answer
‘fair, just and reasonable’ for the law to impose a duty of care


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mpose a duty of care if the following three-stage test is satisfied: 1. Was the damage to the claimant reasonably foreseeable? 2. Was there a relationship of sufficient proximity between the claimant and the defendant? 3. Is it <span>‘fair, just and reasonable’ for the law to impose a duty of care in the situation?<span><body><html>

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Flashcard 1366502280460

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Question
Likewise, in [case], the Court of Appeal stated that a firm of auditors did owe a duty of care to the Law Society in preparing accurate reports for a solicitors practice as required under the professional code of conduct. Again, the incremental approach was adopted.
Answer
Law Society v KPMG Peat Marwick [2000] 4 All ER 541


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Likewise, in Law Society v KPMG Peat Marwick [2000] 4 All ER 541, the Court of Appeal stated that a firm of auditors did owe a duty of care to the Law Society in preparing accurate reports for a solicitors practice as required under the professiona

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Question
Court of Appeal stated that a firm of auditors did owe a duty of care to the Law Society in preparing accurate reports for a solicitors practice as required under the professional code of conduct.
Answer
Law Society v KPMG Peat Marwick [2000] 4 All ER 541


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Likewise, in Law Society v KPMG Peat Marwick [2000] 4 All ER 541, the Court of Appeal stated that a firm of auditors did owe a duty of care to the Law Society in preparing accurate reports for a solicitors practice as required under the professiona

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Flashcard 1366507523340

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Question
The Supreme Court has also ended the immunity of expert witnesses in court paid for by a client to give evidence on their behalf
Answer
Jones v Kaney [2011] UKSC 13.


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The Supreme Court has also ended the immunity of expert witnesses in court paid for by a client to give evidence on their behalf: Jones v Kaney [2011] UKSC 13.

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Question
The Supreme Court has also ended the immunity of [...] paid for by a client to give evidence on their behalf: Jones v Kaney [2011] UKSC 13.
Answer
expert witnesses in court


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The Supreme Court has also ended the immunity of expert witnesses in court paid for by a client to give evidence on their behalf: Jones v Kaney [2011] UKSC 13.

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Flashcard 1366513028364

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Question
Hill v Chief Constable of West Yorkshire [1989] AC 53
Answer
the mother of the last victim of Peter Sutcliffe, the ‘Yorkshire Ripper’, sued the police for negligently failing to apprehend Sutcliffe earlier. He had been questioned by police and released and had subsequently murdered again. The House of Lords refused to impose a duty of care as there was insufficient proximity between any woman, as a potential victim of a crime, and the police. Also, on policy grounds, the threat of liability in such cases would lead to the police adopting defensive practices and may result in both a waste of resources and inefficient use of police manpower.


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In Hill v Chief Constable of West Yorkshire [1989] AC 53, the mother of the last victim of Peter Sutcliffe, the ‘Yorkshire Ripper’, sued the police for negligently failing to apprehend Sutcliffe earlier. He had been questioned by police and r

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Flashcard 1366515387660

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Question
In Hill v Chief Constable of West Yorkshire [1989] AC 53, the mother of the last victim of Peter Sutcliffe, the ‘Yorkshire Ripper’, sued the police for negligently failing to apprehend Sutcliffe earlier. He had been questioned by police and released and had subsequently murdered again. The House of Lords refused to impose a duty of care as there was [...]. Also, on policy grounds, the threat of liability in such cases would lead to the police adopting defensive practices and may result in both a waste of resources and inefficient use of police manpower.
Answer
insufficient proximity between any woman, as a potential victim of a crime, and the police


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he ‘Yorkshire Ripper’, sued the police for negligently failing to apprehend Sutcliffe earlier. He had been questioned by police and released and had subsequently murdered again. The House of Lords refused to impose a duty of care as there was <span>insufficient proximity between any woman, as a potential victim of a crime, and the police. Also, on policy grounds, the threat of liability in such cases would lead to the police adopting defensive practices and may result in both a waste of resources and inefficient use of

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Flashcard 1366516960524

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Question
In Hill v Chief Constable of West Yorkshire [1989] AC 53, the mother of the last victim of Peter Sutcliffe, the ‘Yorkshire Ripper’, sued the police for negligently failing to apprehend Sutcliffe earlier. He had been questioned by police and released and had subsequently murdered again. The House of Lords refused to impose a duty of care as there was insufficient proximity between any woman, as a potential victim of a crime, and the police. Also, on policy grounds, [...] and may result in both a waste of resources and inefficient use of police manpower.
Answer
the threat of liability in such cases would lead to the police adopting defensive practices


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by police and released and had subsequently murdered again. The House of Lords refused to impose a duty of care as there was insufficient proximity between any woman, as a potential victim of a crime, and the police. Also, on policy grounds, <span>the threat of liability in such cases would lead to the police adopting defensive practices and may result in both a waste of resources and inefficient use of police manpower.<span><body><html>

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Flashcard 1366520368396

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Question
The approach taken in Hill was confirmed by the House of Lords in an appeal concerning the friend of the murdered Stephen Lawrence, who was with Lawrence at the time of the attack, and who suffered post-traumatic stress as a result of his treatment by the police ([case]).
Answer
Duwayne Brooks v Commissioner of Police for the Metropolis [2005] UKHL 24


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Hill was confirmed by the House of Lords in an appeal concerning the friend of the murdered Stephen Lawrence, who was with Lawrence at the time of the attack, and who suffered post-traumatic stress as a result of his treatment by the police (<span>Duwayne Brooks v Commissioner of Police for the Metropolis [2005] UKHL 24 in Horsey and Rackley).<span><body><html>

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In [case] the plaintiff’s action failed against his local police after they had ignored a message from his burglar alarm. They owed him no duty of care either to check his property or respond to the alarm’s message.
Answer
Alexandrou v Oxford [1993] 4 All ER 328


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In Alexandrou v Oxford [1993] 4 All ER 328 the plaintiff’s action failed against his local police after they had ignored a message from his burglar alarm. They owed him no duty of care either to check his property or respond to

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Question
The plaintiff’s action failed against his local police after they had ignored a message from his burglar alarm. They owed him no duty of care either to check his property or respond to the alarm’s message.
Answer
Alexandrou v Oxford [1993] 4 All ER 328


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In Alexandrou v Oxford [1993] 4 All ER 328 the plaintiff’s action failed against his local police after they had ignored a message from his burglar alarm. They owed him no duty of care either to check his property or respond to

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Flashcard 1366527970572

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Question
In Alexandrou v Oxford [1993] 4 All ER 328 the plaintiff’s action failed against his local police after they had ignored a message from his burglar alarm. They owed him [...].
Answer
no duty of care either to check his property or respond to the alarm’s message


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In Alexandrou v Oxford [1993] 4 All ER 328 the plaintiff’s action failed against his local police after they had ignored a message from his burglar alarm. They owed him no duty of care either to check his property or respond to the alarm’s message.

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However, in [case], the Court of Appeal made it clear that the police did not have ‘blanket immunity’. The claimant was a pub landlady who had provided the police with information concerning a suspect involved in the death of a police officer. She had made it an absolute condition that she remained anonymous. Nevertheless, a police file containing her details was left unattended in a police car and was stolen. On being told this she suffered psychiatric illness and had to give up her job. As in previous cases, the police argued that there was no relationship of proximity between them and the claimant and, even if there were, policy reasons would prevent such a duty existing. The Court of Appeal disagreed. Informers should not be considered like other members of the public; they had a special relationship with the police, which created sufficient proximity. Policy was considered but, in this case, acted in the claimant’s favour, in that to deny that the police owe a duty might be to hinder the disclosure of confidential information. However, judgment was nevertheless granted in favour of the defendant on the basis that there had been no breach of the duty. The police owed a duty but, on the facts of the case, this duty had not actually been breached.
Answer
Swinney v Chief Constable of Northumbria (No. 2), The Times, 25 May 1999


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However, in Swinney v Chief Constable of Northumbria (No. 2), The Times, 25 May 1999, the Court of Appeal made it clear that the police did not have ‘blanket immunity’. The claimant was a pub landlady who had provided the police with information concerning a suspect

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Question
Swinney v Chief Constable of Northumbria (No. 2), The Times, 25 May 1999
Answer
The claimant was a pub landlady who had provided the police with information concerning a suspect involved in the death of a police officer. She had made it an absolute condition that she remained anonymous. Nevertheless, a police file containing her details was left unattended in a police car and was stolen. On being told this she suffered psychiatric illness and had to give up her job. As in previous cases, the police argued that there was no relationship of proximity between them and the claimant and, even if there were, policy reasons would prevent such a duty existing. The Court of Appeal disagreed. Informers should not be considered like other members of the public; they had a special relationship with the police, which created sufficient proximity. Policy was considered but, in this case, acted in the claimant’s favour, in that to deny that the police owe a duty might be to hinder the disclosure of confidential information. However, judgment was nevertheless granted in favour of the defendant on the basis that there had been no breach of the duty. The police owed a duty but, on the facts of the case, this duty had not actually been breached.


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However, in Swinney v Chief Constable of Northumbria (No. 2), The Times, 25 May 1999, the Court of Appeal made it clear that the police did not have ‘blanket immunity’. The claimant was a pub landlady who had provided the police with information concerning a suspect

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Question
However, in Swinney v Chief Constable of Northumbria (No. 2), The Times, 25 May 1999, the Court of Appeal made it clear that the police did not have ‘blanket immunity’. The claimant was a pub landlady who had provided the police with information concerning a suspect involved in the death of a police officer. She had made it an absolute condition that she remained anonymous. Nevertheless, a police file containing her details was left unattended in a police car and was stolen. On being told this she suffered psychiatric illness and had to give up her job. As in previous cases, the police argued that there was no relationship of proximity between them and the claimant and, even if there were, policy reasons would prevent such a duty existing. The Court of Appeal disagreed. Informers should not be considered like other members of the public; [why?]. Policy was considered but, in this case, acted in the claimant’s favour, in that to deny that the police owe a duty might be to hinder the disclosure of confidential information. However, judgment was nevertheless granted in favour of the defendant on the basis that there had been no breach of the duty. The police owed a duty but, on the facts of the case, this duty had not actually been breached.
Answer
they had a special relationship with the police, which created sufficient proximity


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was no relationship of proximity between them and the claimant and, even if there were, policy reasons would prevent such a duty existing. The Court of Appeal disagreed. Informers should not be considered like other members of the public; <span>they had a special relationship with the police, which created sufficient proximity. Policy was considered but, in this case, acted in the claimant’s favour, in that to deny that the police owe a duty might be to hinder the disclosure of confidential information. How

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in [case] the police were found to hold a duty of care to a mentally ill prisoner who committed suicide whilst in custody. Here the police had a high degree of control over the victim and it was well documented as to the likelihood of some prisoners committing suicide
Answer
Reeves v Metropolitan Police Commissioner [2000] 1 AC 360


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in Reeves v Metropolitan Police Commissioner [2000] 1 AC 360 the police were found to hold a duty of care to a mentally ill prisoner who committed suicide whilst in custody. Here the police had a high degree of control over the victim and it was

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Flashcard 1366541077772

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Question
Reeves v Metropolitan Police Commissioner [2000] 1 AC 360
Answer
The police were found to hold a duty of care to a mentally ill prisoner who committed suicide whilst in custody. Here the police had a high degree of control over the victim and it was well documented as to the likelihood of some prisoners committing suicide


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in Reeves v Metropolitan Police Commissioner [2000] 1 AC 360 the police were found to hold a duty of care to a mentally ill prisoner who committed suicide whilst in custody. Here the police had a high degree of control over the victim and it was

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Question
in Reeves v Metropolitan Police Commissioner [2000] 1 AC 360 the police were found to hold a duty of care to a mentally ill prisoner who committed suicide whilst in custody. Here the police had [...] and it was well documented as to the likelihood of some prisoners committing suicide
Answer
a high degree of control over the victim


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in Reeves v Metropolitan Police Commissioner [2000] 1 AC 360 the police were found to hold a duty of care to a mentally ill prisoner who committed suicide whilst in custody. Here the police had a high degree of control over the victim and it was well documented as to the likelihood of some prisoners committing suicide

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Question
in Reeves v Metropolitan Police Commissioner [2000] 1 AC 360 the police were found to hold a duty of care to a mentally ill prisoner who committed suicide whilst in custody. Here the police had a high degree of control over the victim and it was [...]
Answer
well documented as to the likelihood of some prisoners committing suicide


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eves v Metropolitan Police Commissioner [2000] 1 AC 360 the police were found to hold a duty of care to a mentally ill prisoner who committed suicide whilst in custody. Here the police had a high degree of control over the victim and it was <span>well documented as to the likelihood of some prisoners committing suicide<span><body><html>

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Question
in [case] the police did not owe a duty of care to the claimant when they denied his CRB check thus impeding his employment as a teacher. Such a duty would have conflicted with the statutory purpose of protecting vulnerable young people.
Answer
Desmond v Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3


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in Desmond v Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3 the police did not owe a duty of care to the claimant when they denied his CRB check thus impeding his employment as a teacher. Such a duty would have conflicted with the statutory pu

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Question
Desmond v Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3
Answer
The police did not owe a duty of care to the claimant when they denied his CRB check thus impeding his employment as a teacher. Such a duty would have conflicted with the statutory purpose of protecting vulnerable young people.


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in Desmond v Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3 the police did not owe a duty of care to the claimant when they denied his CRB check thus impeding his employment as a teacher. Such a duty would have conflicted with the statutory pu

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Question
In [case], the claimant suffered psychiatric injury having been raped by a fellow police officer and ostracised and bullied by her colleagues. She claimed that the police authorities had failed to deal with her complaint properly and had allowed other officers to victimise her.

The House of Lords held that in deciding if immunity existed, consideration had to be given to the primary role of the police (namely, to deter crime) and to the wider public interest issue of ensuring the police service is run both efficiently and as a responsible employer. In this case, the scales fell in favour of the claimant (note that, technically, this was an employers’ liability claim).
Answer
Waters v Commissioner of Police of the Metropolis, The Times, 1 August 2000


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In Waters v Commissioner of Police of the Metropolis, The Times, 1 August 2000, the claimant suffered psychiatric injury having been raped by a fellow police officer and ostracised and bullied by her colleagues. She claimed that the police authorities had failed t

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Flashcard 1366556282124

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Question
The principal authority with regards to the ambulance service is [case].
Answer
Kent v Griffiths & Others [2000] 2 All ER 474


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The principal authority with regards to the ambulance service is Kent v Griffiths & Others [2000] 2 All ER 474.

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Question
Kent v Griffiths & Others [2000] 2 All ER 474
Answer
Here, the ambulance service was regarded as part of the health service and not a rescue service and so the policy arguments applicable to the police and fire brigade had no general application. The judgment of the court in Kent was that the acceptance of a 999 call by the ambulance service established a duty of care. The acceptance of the call established proximity between the parties. There might, however, be situations where a duty of care could be excluded where the service had properly exercised its discretion to deal with a more pressing emergency before attending to the claimant or where it had made a choice about the allocation of resources.


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The principal authority with regards to the ambulance service is Kent v Griffiths & Others [2000] 2 All ER 474. Here, the ambulance service was regarded as part of the health service and not a rescue service and so the policy arguments applicable to the police and fire brigade had no general a

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Question
The principal authority with regards to the ambulance service is Kent v Griffiths & Others [2000] 2 All ER 474. Here, the ambulance service was regarded as part of the health service and not a rescue service and so the policy arguments applicable to the police and fire brigade had no general application. The judgment of the court in Kent was that [...]. There might, however, be situations where a duty of care could be excluded where the service had properly exercised its discretion to deal with a more pressing emergency before attending to the claimant or where it had made a choice about the allocation of resources.
Answer
the acceptance of a 999 call by the ambulance service established a duty of care. The acceptance of the call established proximity between the parties


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74. Here, the ambulance service was regarded as part of the health service and not a rescue service and so the policy arguments applicable to the police and fire brigade had no general application. The judgment of the court in Kent was that <span>the acceptance of a 999 call by the ambulance service established a duty of care. The acceptance of the call established proximity between the parties. There might, however, be situations where a duty of care could be excluded where the service had properly exercised its discretion to deal with a more pressing emergency before atten

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Question
The principal authority with regards to the ambulance service is Kent v Griffiths & Others [2000] 2 All ER 474. Here, the ambulance service was regarded as part of the health service and not a rescue service and so the policy arguments applicable to the police and fire brigade had no general application. The judgment of the court in Kent was that the acceptance of a 999 call by the ambulance service established a duty of care. The acceptance of the call established proximity between the parties. There might, however, be situations where a duty of care could be excluded where [...].
Answer
the service had properly exercised its discretion to deal with a more pressing emergency before attending to the claimant or where it had made a choice about the allocation of resources


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s that the acceptance of a 999 call by the ambulance service established a duty of care. The acceptance of the call established proximity between the parties. There might, however, be situations where a duty of care could be excluded where <span>the service had properly exercised its discretion to deal with a more pressing emergency before attending to the claimant or where it had made a choice about the allocation of resources.<span><body><html>

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Flashcard 1366567030028

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Question
Stovin v Wise [1996] AC 923
Answer
A driver in a road traffic accident had injured the plaintiff. The first defendant had been unable to see the plaintiff because of an over hanging bank of earth which obstructed the view. The local authority became a joint defendant in that it was claimed that they were responsible for failing to clear the highway of an obstruction they were aware of and which had previously caused accidents. The House of Lords compared the situation between a statutory power and that of a duty


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consider the case of Stovin v Wise [1996] AC 923 in which a driver in a road traffic accident had injured the plaintiff. The first defendant had been unable to see the plaintiff because of an over hanging bank of earth which obstructed

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Flashcard 1366571486476

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Question
X v Bedfordshire County Council [1995] 3 All ER 353
Answer
The case itself concerned five separate claims against a local authority for negligence; two cases concerned child abuse, the other three concerned educational provisions for special needs pupils. The House of Lords rejected the child abuse claims as it would not be just and reasonable to impose such a duty in an area where a degree of discretion is required and where there are differing opinions on the practice to follow. There were also alternative means by which such persons may bring a claim, eg judicial review actions. In the education cases, the Lords were of the opinion that it was arguable that a duty of care may exist. Here the advice given was made directly to the parents who relied on it.


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One of the most significant cases in this area, X v Bedfordshire County Council [1995] 3 All ER 353 provides an example of how difficult it can be to determine this issue. The case itself concerned five separate claims against a local authority for negligence; two cases concerned chi

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Question
One of the most significant cases in this area, X v Bedfordshire County Council [1995] 3 All ER 353 provides an example of how difficult it can be to determine this issue. The case itself concerned five separate claims against a local authority for negligence; two cases concerned child abuse, the other three concerned educational provisions for special needs pupils. The House of Lords rejected the child abuse claims as [...]. There were also alternative means by which such persons may bring a claim, eg judicial review actions. In the education cases, the Lords were of the opinion that it was arguable that a duty of care may exist. Here the advice given was made directly to the parents who relied on it.
Answer
it would not be just and reasonable to impose such a duty in an area where a degree of discretion is required and where there are differing opinions on the practice to follow


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tself concerned five separate claims against a local authority for negligence; two cases concerned child abuse, the other three concerned educational provisions for special needs pupils. The House of Lords rejected the child abuse claims as <span>it would not be just and reasonable to impose such a duty in an area where a degree of discretion is required and where there are differing opinions on the practice to follow. There were also alternative means by which such persons may bring a claim, eg judicial review actions. In the education cases, the Lords were of the opinion that it was arguable that

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Flashcard 1366576729356

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Question
A duty if care was owed in [case] (also concerning dyslexia, but here the local authority were accused of negligence in the provision of educational services).
Answer
Jarvis v Hampshire County Council [1999] Ed CR 785


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A duty if care was owed in Jarvis v Hampshire County Council [1999] Ed CR 785 (also concerning dyslexia, but here the local authority were accused of negligence in the provision of educational services).

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Question
Thus, in the important House of Lords decision in [case], the doctors and social workers investigating suspected child abuse owed a duty of care to the child. A duty was not, however, owed to the parents suspected of abuse since it was considered that such a duty would naturally conflict with the duty owed to the child.
Answer
JD v East Berkshire Community Health NHS Trust [2005] UKHL 23


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Thus, in the important House of Lords decision in JD v East Berkshire Community Health NHS Trust [2005] UKHL 23, the doctors and social workers investigating suspected child abuse owed a duty of care to the child. A duty was not, however, owed to the parents suspected of abuse since it was cons

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Question
Thus, in the important House of Lords decision in JD v East Berkshire Community Health NHS Trust [2005] UKHL 23, the doctors and social workers investigating suspected child abuse owed a duty of care to the child. A duty was not, however, owed to the parents suspected of abuse since [...].
Answer
it was considered that such a duty would naturally conflict with the duty owed to the child


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on in JD v East Berkshire Community Health NHS Trust [2005] UKHL 23, the doctors and social workers investigating suspected child abuse owed a duty of care to the child. A duty was not, however, owed to the parents suspected of abuse since <span>it was considered that such a duty would naturally conflict with the duty owed to the child. <span><body><html>

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Question
In the recent case of [case], the House of Lords confirmed that the courts will be reluctant to create new common law duties utilising broad statutory powers
Answer
Gorringe v Calderdale Metropolitan Borough Council [2004] 2 All ER 362


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In the recent case of Gorringe v Calderdale Metropolitan Borough Council [2004] 2 All ER 362, the House of Lords confirmed that the courts will be reluctant to create new common law duties utilising broad statutory powers

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Question
The general approach of the courts appears to be that if an authority has acted within the powers granted to it by statute and on the basis of a discretionary decision properly made, there will be no liability. Whether the authority has exercised its discretion properly can only be answered once the facts of the case have been fully considered in court. For a recent example of where no duty was imposed on a local authority, held to be acting in accordance with its statutory duties, see [case].
Answer
X v Hounslow LBC [2009] EWCA Civ 286


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discretion properly can only be answered once the facts of the case have been fully considered in court. For a recent example of where no duty was imposed on a local authority, held to be acting in accordance with its statutory duties, see <span>X v Hounslow LBC [2009] EWCA Civ 286.<span><body><html>

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Flashcard 1366588787980

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Question
The general approach of the courts appears to be that if an authority has acted [...], there will be no liability. Whether the authority has exercised its discretion properly can only be answered once the facts of the case have been fully considered in court. For a recent example of where no duty was imposed on a local authority, held to be acting in accordance with its statutory duties, see X v Hounslow LBC [2009] EWCA Civ 286.
Answer
within the powers granted to it by statute and on the basis of a discretionary decision properly made


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The general approach of the courts appears to be that if an authority has acted within the powers granted to it by statute and on the basis of a discretionary decision properly made, there will be no liability. Whether the authority has exercised its discretion properly can only be answered once the facts of the case have been fully considered in court. For a rec

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Question
With regards to the armed forces see [case] in which the Court of Appeal held that there was no duty of care between fellow soldiers engaged in battle conditions. In applying the Caparo test, the court held there was foreseeability and proximity but that it would not be just and reasonable to impose a duty in the circumstances. To decide otherwise may result in military operations being adversely affected if soldiers in battle felt that could be sued by a comrade for their negligent actions.
Answer
Mulcahy v Ministry of Defence [1996] QB 732


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With regards to the armed forces see Mulcahy v Ministry of Defence [1996] QB 732 in which the Court of Appeal held that there was no duty of care between fellow soldiers engaged in battle conditions. In applying the Caparo test, the court held there was foreseeabil

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Flashcard 1366593244428

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Question
Court of Appeal held that there was no duty of care between fellow soldiers engaged in battle conditions.
Answer
Mulcahy v Ministry of Defence [1996] QB 732


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With regards to the armed forces see Mulcahy v Ministry of Defence [1996] QB 732 in which the Court of Appeal held that there was no duty of care between fellow soldiers engaged in battle conditions. In applying the Caparo test, the court held there was foreseeabil

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Flashcard 1366595603724

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Question
Mulcahy v Ministry of Defence [1996] QB 732
Answer
Court of Appeal held that there was no duty of care between fellow soldiers engaged in battle conditions. In applying the Caparo test, the court held there was foreseeability and proximity but that it would not be just and reasonable to impose a duty in the circumstances. To decide otherwise may result in military operations being adversely affected if soldiers in battle felt that could be sued by a comrade for their negligent actions.


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With regards to the armed forces see Mulcahy v Ministry of Defence [1996] QB 732 in which the Court of Appeal held that there was no duty of care between fellow soldiers engaged in battle conditions. In applying the Caparo test, the court held there was foreseeabil

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Flashcard 1366599273740

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Question
In [case], the Supreme Court held that the doctrine of combat immunity should be narrowly construed.
Answer
Smith v Ministry of Defence [2013] UKSC 41


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In Smith v Ministry of Defence [2013] UKSC 41, the Supreme Court held that the doctrine of combat immunity should be narrowly construed.

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Flashcard 1366601633036

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Question
The doctrine of combat immunity should be narrowly construed.
Answer
Smith v Ministry of Defence [2013] UKSC 41


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In Smith v Ministry of Defence [2013] UKSC 41, the Supreme Court held that the doctrine of combat immunity should be narrowly construed.

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Question
Smith v Ministry of Defence [2013] UKSC 41
Answer
The victims were servicemen killed and injured in friendly fire who contended that the Ministry of Defence had breached a duty of care to provide equipment that would have prevented the incident. Combat immunity has not previously been extended as far as these decisions that were taken long before the incident, so the claim was not struck out.


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In Smith v Ministry of Defence [2013] UKSC 41, the Supreme Court held that the doctrine of combat immunity should be narrowly construed. The victims were servicemen killed and injured in friendly fire who contended that the Ministr

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Flashcard 1366610021644

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Question
where the defendant has [...], the law may impose a positive duty on the defendant to act; even to the point of preventing the defendant from physically harming himself or herself.
Answer
a high degree of control over the claimant


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where the defendant has a high degree of control over the claimant, the law may impose a positive duty on the defendant to act; even to the point of preventing the defendant from physically harming himself or herself.

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Flashcard 1366611594508

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Question
where the defendant has a high degree of control over the claimant, the law may [...]; even to the point of preventing the defendant from physically harming himself or herself.
Answer
impose a positive duty on the defendant to act


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where the defendant has a high degree of control over the claimant, the law may impose a positive duty on the defendant to act; even to the point of preventing the defendant from physically harming himself or herself.

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Flashcard 1366613167372

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Question
where the defendant has a high degree of control over the claimant, the law may impose a positive duty on the defendant to act; even [...].
Answer
to the point of preventing the defendant from physically harming himself or herself


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where the defendant has a high degree of control over the claimant, the law may impose a positive duty on the defendant to act; even to the point of preventing the defendant from physically harming himself or herself.

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Question
where the defendant has a high degree of control over the claimant, the law may impose a positive duty on the defendant to act; even to the point of preventing the defendant from physically harming himself or herself. This can be clearly seen in [case], a case we have already considered under Special Duties - The Police . Here, the Court of Appeal held that a duty did exist on the police to protect a prisoner’s health including the possibility that they may attempt suicide.
Answer
Reeves v Commissioner of Police for the Metropolis [1999] 3 All ER 897


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the defendant has a high degree of control over the claimant, the law may impose a positive duty on the defendant to act; even to the point of preventing the defendant from physically harming himself or herself. This can be clearly seen in <span>Reeves v Commissioner of Police for the Metropolis [1999] 3 All ER 897, a case we have already considered under Special Duties - The Police . Here, the Court of Appeal held that a duty did exist on the police to protect a prisoner’s health including the

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Question
If a person [...], the courts may impose a special duty of care. This could arise, for example, because of the nature of a person’s employment or because of a previous relationship.
Answer
voluntarily assumes responsibility for another


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If a person voluntarily assumes responsibility for another, the courts may impose a special duty of care. This could arise, for example, because of the nature of a person’s employment or because of a previous relationship.

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Flashcard 1366619196684

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Question
If a person voluntarily assumes responsibility for another, the courts may [...]. This could arise, for example, because of the nature of a person’s employment or because of a previous relationship.
Answer
impose a special duty of care


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If a person voluntarily assumes responsibility for another, the courts may impose a special duty of care. This could arise, for example, because of the nature of a person’s employment or because of a previous relationship.

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Flashcard 1366621555980

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Question
Barrett v MOD [1995]
Answer
Although the defendants were not liable for their employee, a naval pilot, getting drunk and choking to death on his own vomit, they did assume responsibility once an officer had taken action to care for him, e.g. to summon appropriate medical assistance.


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Likewise, in Barrett v MOD [1995] (mentioned at 3.4.4), though the defendants were not liable for their employee, a naval pilot, getting drunk and choking to death on his own vomit, they did assume responsibility once

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Question
Likewise, in [case] (mentioned at 3.4.4), though the defendants were not liable for their employee, a naval pilot, getting drunk and choking to death on his own vomit, they did assume responsibility once an officer had taken action to care for him, e.g. to summon appropriate medical assistance.
Answer
Barrett v MOD [1995]


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Likewise, in Barrett v MOD [1995] (mentioned at 3.4.4), though the defendants were not liable for their employee, a naval pilot, getting drunk and choking to death on his own vomit, they did assume responsibility once

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Flashcard 1366626274572

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Question
Likewise, in Barrett v MOD [1995] (mentioned at 3.4.4), though the defendants were not liable for their employee, a naval pilot, getting drunk and choking to death on his own vomit, they did assume responsibility once [...], e.g. to summon appropriate medical assistance.
Answer
an officer had taken action to care for him


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head>Likewise, in Barrett v MOD [1995] (mentioned at 3.4.4), though the defendants were not liable for their employee, a naval pilot, getting drunk and choking to death on his own vomit, they did assume responsibility once an officer had taken action to care for him, e.g. to summon appropriate medical assistance.<html>

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Flashcard 1366628109580

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Question
Palmer v Tees Health Authority
Answer
the claimant argued that a local Mental Health Authority owed her a duty (and had, subsequently, breached this duty) in allowing a psychiatric patient into the community without adequate supervision. The patient had previously threatened to kill a child and subsequently attacked and killed the claimant’s daughter. The Court of Appeal, following Hill, stated that there was not sufficient proximity between the parties for a duty to exist. She was not an identifiable potential victim and there was nothing that the defendants could have reasonably done to prevent the incident occurring.


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In Palmer v Tees Health Authority, the claimant argued that a local Mental Health Authority owed her a duty (and had, subsequently, breached this duty) in allowing a psychiatric patient into the community without adeq

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Question
In [case], the claimant argued that a local Mental Health Authority owed her a duty (and had, subsequently, breached this duty) in allowing a psychiatric patient into the community without adequate supervision. The patient had previously threatened to kill a child and subsequently attacked and killed the claimant’s daughter. The Court of Appeal, following Hill, stated that there was not sufficient proximity between the parties for a duty to exist. She was not an identifiable potential victim and there was nothing that the defendants could have reasonably done to prevent the incident occurring.
Answer
Palmer v Tees Health Authority


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In Palmer v Tees Health Authority, the claimant argued that a local Mental Health Authority owed her a duty (and had, subsequently, breached this duty) in allowing a psychiatric patient into the community without adeq

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Flashcard 1366632828172

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Question
In Palmer v Tees Health Authority, the claimant argued that a local Mental Health Authority owed her a duty (and had, subsequently, breached this duty) in allowing a psychiatric patient into the community without adequate supervision. The patient had previously threatened to kill a child and subsequently attacked and killed the claimant’s daughter. The Court of Appeal, following Hill, stated that [...]. She was not an identifiable potential victim and there was nothing that the defendants could have reasonably done to prevent the incident occurring.
Answer
there was not sufficient proximity between the parties for a duty to exist


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ing a psychiatric patient into the community without adequate supervision. The patient had previously threatened to kill a child and subsequently attacked and killed the claimant’s daughter. The Court of Appeal, following Hill, stated that <span>there was not sufficient proximity between the parties for a duty to exist. She was not an identifiable potential victim and there was nothing that the defendants could have reasonably done to prevent the incident occurring.<span><body><html>

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Flashcard 1366634401036

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Question
In Palmer v Tees Health Authority, the claimant argued that a local Mental Health Authority owed her a duty (and had, subsequently, breached this duty) in allowing a psychiatric patient into the community without adequate supervision. The patient had previously threatened to kill a child and subsequently attacked and killed the claimant’s daughter. The Court of Appeal, following Hill, stated that there was not sufficient proximity between the parties for a duty to exist. She was not [...] and there was nothing that the defendants could have reasonably done to prevent the incident occurring.
Answer
an identifiable potential victim


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had previously threatened to kill a child and subsequently attacked and killed the claimant’s daughter. The Court of Appeal, following Hill, stated that there was not sufficient proximity between the parties for a duty to exist. She was not <span>an identifiable potential victim and there was nothing that the defendants could have reasonably done to prevent the incident occurring.<span><body><html>

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Flashcard 1366635973900

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Question
In Palmer v Tees Health Authority, the claimant argued that a local Mental Health Authority owed her a duty (and had, subsequently, breached this duty) in allowing a psychiatric patient into the community without adequate supervision. The patient had previously threatened to kill a child and subsequently attacked and killed the claimant’s daughter. The Court of Appeal, following Hill, stated that there was not sufficient proximity between the parties for a duty to exist. She was not an identifiable potential victim and [...].
Answer
there was nothing that the defendants could have reasonably done to prevent the incident occurring


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ild and subsequently attacked and killed the claimant’s daughter. The Court of Appeal, following Hill, stated that there was not sufficient proximity between the parties for a duty to exist. She was not an identifiable potential victim and <span>there was nothing that the defendants could have reasonably done to prevent the incident occurring.<span><body><html>

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Flashcard 1366639643916

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Question
The phrase ‘nervous shock’ is a commonly used label to describe cases where [...].
Answer
the claimant has suffered some form of psychiatric illness or damage as a result of the perception of traumatic events


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The phrase ‘nervous shock’ is a commonly used label to describe cases where the claimant has suffered some form of psychiatric illness or damage as a result of the perception of traumatic events.

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a licence does not give the licensee an interest in the land over which the licence is exercised. It gives the licensee [...]. As we have already seen it is not a proprietary interest and thus cannot bind third party successors in title to the land over which it is exercised.
Answer
mere personal permission to be there, which prevents them being a trespasser


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a licence does not give the licensee an interest in the land over which the licence is exercised. It gives the licensee mere personal permission to be there, which prevents them being a trespasser. As we have already seen it is not a proprietary interest and thus cannot bind third party successors in title to the land over which it is exercised.

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Question
a licence does not give the licensee an interest in the land over which the licence is exercised. It gives the licensee mere personal permission to be there, which prevents them being a trespasser. As we have already seen it is not a proprietary interest and thus [...].
Answer
cannot bind third party successors in title to the land over which it is exercised


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ve the licensee an interest in the land over which the licence is exercised. It gives the licensee mere personal permission to be there, which prevents them being a trespasser. As we have already seen it is not a proprietary interest and thus <span>cannot bind third party successors in title to the land over which it is exercised.<span><body><html>

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Question
A rentcharge is [...].
Answer
the right to a periodic payment of money charged on, and paid out of, freehold land


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A rentcharge is the right to a periodic payment of money charged on, and paid out of, freehold land.

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Question
The estate rentcharge is [...]
Answer
a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc.


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The estate rentcharge is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc.

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The estate rentcharge which is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc. These are allowed under the Rentcharges Act 1977, s [...] and can be useful in securing service payments on the sale of a freehold.
Answer
2(3)


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The estate rentcharge which is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc. These are allowed under the Rentcharges Act 1977, s 2(3) and can be useful in securing service payments on the sale of a freehold.<html>

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The estate rentcharge which is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc. These are allowed under the Rentcharges Act [year], s 2(3) and can be useful in securing service payments on the sale of a freehold.
Answer
1977


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><head>The estate rentcharge which is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc. These are allowed under the Rentcharges Act 1977, s 2(3) and can be useful in securing service payments on the sale of a freehold.<html>

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Question
The estate rentcharge which is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc. These are allowed under the [statute] 1977, s 2(3) and can be useful in securing service payments on the sale of a freehold.
Answer
Rentcharges Act


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The estate rentcharge which is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc. These are allowed under the Rentcharges Act 1977, s 2(3) and can be useful in securing service payments on the sale of a freehold.

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Question
The estate rentcharge which is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc. These are allowed under the [statute], s 2(3) and can be useful in securing service payments on the sale of a freehold.
Answer
Rentcharges Act 1977


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The estate rentcharge which is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc. These are allowed under the Rentcharges Act 1977, s 2(3) and can be useful in securing service payments on the sale of a freehold.

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Question
The estate rentcharge which is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc. These are allowed under the [statute] and can be useful in securing service payments on the sale of a freehold.
Answer
Rentcharges Act 1977, s 2(3)


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The estate rentcharge which is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc. These are allowed under the Rentcharges Act 1977, s 2(3) and can be useful in securing service payments on the sale of a freehold.

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Question
A mortgage is [...].
Answer