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Flashcard 149626154

Tags

#java

Question

What is this operator in Java? >>>

Answer

unsigned right shift

status	not learned	measured difficulty	37% [default]	last interval [days]
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scheduled repetition interval		last repetition or drill

Annotation 149657950

#finance #inflation #inflation-derivatives #inflation-derivatives-barcap

While inflation derivatives are not new and Barclays Capital has traded inflation swaps for more than 10 years

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Flashcard 1343457725708

Tags

#2015 #book-2 #cfa #cfa-level-1 #economics #has-images #schweser

[unknown IMAGE 1343459036428]

Question

When price of Good X decreases, we can have 3 possible outcomes. What is the name of this outcome? Just describe.

[unknown IMAGE 1343456677132]

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

Answer

TLATA 1996, s 3

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

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Flashcard 1349189766412

Tags

#co-ownership #land #law

Question

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

Answer

TLATA 1996, ss 12 and 13

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Parent (intermediate) annotation

Original toplevel document (pdf)

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Flashcard 1349289118988

Tags

#co-ownership #land #law

Question

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

Answer

Re Mott

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One example of a case where exceptional circumstances were found is that of Re Mott [1987] CLY 212. In that case, an elderly lady who had lived in her house for over 40 years was allowed to remain, notwithstanding that her son’s trustee in bankruptcy had applied for a

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Flashcard 1366282341644

Tags

#cd #crime #law

Question

The [statute] provides:

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

intending to destroy or damage any property or being reckless as whether any property would be destroyed or damaged; and
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 1367660956940

Tags

#co-ownership #land #law

Question

after one year, the interests of the creditors will prevail apart from where there are “exceptional circumstances”.

Answer

Insolvency Act s. 335A(3)

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

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Flashcard 1367665675532

Tags

#freedom-of-person #human-rights #public

Question

In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a 14-year-old, between the date of charge and the date of trial was [...].

Answer

27 months

status	not learned	measured difficulty	37% [default]	last interval [days]
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In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a 14-year-old, between the date of charge and the date of trial was 27 months.

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Flashcard 1367667248396

Tags

#freedom-of-person #human-rights #public

Question

In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a [...], between the date of charge and the date of trial was 27 months.

Answer

14-year-old

status	not learned	measured difficulty	37% [default]	last interval [days]
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In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a 14-year-old, between the date of charge and the date of trial was 27 months.

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Flashcard 1367669083404

Tags

#freedom-of-person #human-rights #public

Question

HM Advocate v JK [2002] UKPC D1, 29

Answer

The delay, for a 14-year-old, between the date of charge and the date of trial was 27 months. The Privy Council stated that the protection afforded by the ECHR, art 6(1) may be regarded as demanding a standard of performance by the prosecutor which is more exacting than that set by common law, as it does not require the person charged to demonstrate prejudice.

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In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a 14-year-old, between the date of charge and the date of trial was 27 months. The Privy Council stated that the protection afforded by the ECHR, art 6(1) may be reg

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Flashcard 1367674064140

Tags

#cd #crime #criminal-damage #law

Question

Statute Authority: Criminal Damage

Answer

CDA 1971 s. 1(1)

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Flashcard 1367676161292

Tags

#cd #crime #criminal-damage #law

Question

Statute Authority: Aggravated Criminal Damage

Answer

CDA 1971 s. 1(2)

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Flashcard 1367677996300

Tags

#cd #crime #criminal-damage #law

Question

Statute Authority: Arson

Answer

CDA 1971 ss. 1(1) and 1(3)

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Flashcard 1367679831308

Tags

#cd #crime #criminal-damage #law

Question

Statute Authority: Aggravated Arson

Answer

CDA 1971 ss. 1(2) and 1(3)

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Flashcard 1367682452748

Tags

#cd #crime #criminal-damage #law

Question

AR: Criminal Damage (CDA s. 1(1))

Answer

Destroys or Damages
Property
Belonging to Another

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Flashcard 1367684287756

Tags

#cd #crime #criminal-damage #law

Question

AR: Aggravated Criminal Damage (CDA s. 1(2))

Answer

Destroys or Damages
Property
Belonging to Self or Another

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Flashcard 1367686384908

Tags

#cd #crime #criminal-damage #law

Question

MR: Aggravated Criminal Damage (CDA s. 1(2))

Answer

Intention or Recklessness as to Destroying or Damaging Property
Intention or Recklessness as to Endangering the Life of Another

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Flashcard 1367689530636

Tags

#crime #law #theft

Question

In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA 1968, s [...], which provides for a later assumption of the owner’s rights to amount to an appropriation

Answer

3(1)

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In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA 1968, s 3(1), which provides for a later assumption of the owner’s rights to amount to an appropriation

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Flashcard 1367691103500

Tags

#crime #law #theft

Question

In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA [year], s 3(1), which provides for a later assumption of the owner’s rights to amount to an appropriation

Answer

1968

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Flashcard 1367693462796

Tags

#crime #law #theft

Question

In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the [statute], which provides for a later assumption of the owner’s rights to amount to an appropriation

Answer

TA 1968, s 3(1)

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Flashcard 1367695822092

Tags

#crime #law #theft

Question

In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA 1968, s 3(1), which provides for [...]

Answer

a later assumption of the owner’s rights to amount to an appropriation

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

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Flashcard 1367697394956

Tags

#crime #law #theft

Question

In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA 1968, s 3(1), which provides for a later assumption of the owner’s rights to amount to an appropriation:

'Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.' (Emphasis added.)

This section can be applied when the initial assumption of the rights of the owner does not amount to theft. It provides that a later assumption of a right, either by keeping it or by dealing with it, will be an appropriation. The theft will therefore take place when [...].

Answer

the defendant forms the mens rea, subject to the remaining elements also being present

status	not learned	measured difficulty	37% [default]	last interval [days]
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ed when the initial assumption of the rights of the owner does not amount to theft. It provides that a later assumption of a right, either by keeping it or by dealing with it, will be an appropriation. The theft will therefore take place when the defendant forms the mens rea, subject to the remaining elements also being present.<body><html>

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Flashcard 1367699229964

Tags

#crime #law #theft

Question

Confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1).

Answer

Oxford v Moss

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In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.) </ht

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Flashcard 1367701589260

Tags

#crime #law #theft

Question

In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s [...]. (1978) 68 Cr App R 183.)

Answer

4(1)

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Parent (intermediate) annotation

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In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)

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Flashcard 1367703162124

Tags

#crime #law #theft

Question

In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA [...], s 4(1). (1978) 68 Cr App R 183.)

Answer

1968

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In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)

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Flashcard 1367704734988

Tags

#crime #law #theft

Question

In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the [statute]. (1978) 68 Cr App R 183.)

Answer

TA 1968, s 4(1)

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Parent (intermediate) annotation

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In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)

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Flashcard 1367707094284

Tags

#crime #law #theft

Question

In Oxford v Moss, it was held that confidential information cannot fall within the definition of [...] contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)

Answer

intangible property

status	not learned	measured difficulty	37% [default]	last interval [days]
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scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

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In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)

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Flashcard 1367708667148

Tags

#crime #law #theft

Question

In Oxford v Moss, it was held that [...] cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)

Answer

confidential information

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

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In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)

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Flashcard 1367711288588

Tags

#crime #law #theft

Question

The Theft Act 1968, s [...] provides:

'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'

Answer

5(1)

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The Theft Act 1968, s 5(1) provides: 'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'</bo

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Flashcard 1367712861452

Tags

#crime #law #theft

Question

The Theft Act [...], s 5(1) provides:

'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'

Answer

1968

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The Theft Act 1968, s 5(1) provides: 'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'</

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Flashcard 1367714434316

Tags

#crime #law #theft

Question

The [statute] provides:

'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'

Answer

Theft Act 1968, s 5(1)

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The Theft Act 1968, s 5(1) provides: 'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'</bo

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Flashcard 1367717055756

Tags

#crime #law #theft

Question

The Theft Act 1968, s 5(1) provides:

'Property shall be regarded as belonging to [...] ...'

Answer

any person having possession or control of it, or having in it any proprietary right or interest

status	not learned	measured difficulty	37% [default]	last interval [days]
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The Theft Act 1968, s 5(1) provides: 'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'

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Flashcard 1367718628620

Tags

#crime #law #theft

Question

Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In [case] it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.

Answer

Hibbert McKiernan [1948] 1 A;; ER 860

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because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the

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Flashcard 1367720987916

Tags

#crime #law #theft

Question

Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on [...]

Answer

whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
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king for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.<body><html>

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Flashcard 1367722560780

Tags

#crime #law #theft

Question

Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that [...]. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.

Answer

lost golf balls had not been abandoned by their owners

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

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rod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind

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Flashcard 1367724133644

Tags

#crime #law #theft

Question

Property is not abandoned just because the owner has stopped looking for it. [who] in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.

Answer

David Ormerod and Karl Laird

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Flashcard 1367726492940

Tags

#crime #law #theft

Question

Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in [book] note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.

Answer

Smith and Hogan’s Criminal Law

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Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held th

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Flashcard 1367728852236

Tags

#crime #law #theft

Question

Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that [...]. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.

Answer

a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

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Flashcard 1367731735820

Tags

#crime #law #theft

Question

The TA 1968, s [...] states that property belongs to those having possession or control of it.

Answer

5(1)

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The TA 1968, s 5(1) states that property belongs to those having possession or control of it.

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Flashcard 1367733308684

Tags

#crime #law #theft

Question

The [statute] states that property belongs to those having possession or control of it.

Answer

TA 1968, s 5(1)

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The TA 1968, s 5(1) states that property belongs to those having possession or control of it.

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Question

The TA 1968, s 5(1) states that property belongs to those [...].

Answer

having possession or control of it

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The TA 1968, s 5(1) states that property belongs to those having possession or control of it.

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Question

The TA 1968, s 5(1) states that property belongs to those having possession or control of it. The courts have found that property can belong to persons who have possession or control, not just of the specified property, but [...]. This can be so even if the owner of the land is unaware of its existence.

Answer

over the land upon which it was found

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body>The TA 1968, s 5(1) states that property belongs to those having possession or control of it. The courts have found that property can belong to persons who have possession or control, not just of the specified property, but over the land upon which it was found. This can be so even if the owner of the land is unaware of its existence.<body><html>

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Question

The TA 1968, s 5(1) states that property belongs to those having possession or control of it. The courts have found that property can belong to persons who have possession or control, not just of the specified property, but over the land upon which it was found. This can be so even if [...].

Answer

the owner of the land is unaware of its existence

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gs to those having possession or control of it. The courts have found that property can belong to persons who have possession or control, not just of the specified property, but over the land upon which it was found. This can be so even if the owner of the land is unaware of its existence.<body><html>

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Question

R v Woodman [1974] 2 All ER 955

Answer

HELD: The Court of Appeal held that, because the factory owners had taken steps to exclude trespassers, there was evidence that they were in control of the factory and thereby had control of the scrap metal, which unknown to them, had been left inside the factory.

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R v Woodman [1974] 2 All ER 955 HELD: The Court of Appeal held that, because the factory owners had taken steps to exclude trespassers, there was evidence that they were in control of the factory and thereby had cont

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[case] HELD: The Court of Appeal held that, because the factory owners had taken steps to exclude trespassers, there was evidence that they were in control of the factory and thereby had control of the scrap metal, which unknown to them, had been left inside the factory.

Answer

R v Woodman [1974] 2 All ER 955

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R v Woodman [1974] 2 All ER 955 HELD: The Court of Appeal held that, because [...], there was evidence that they were in control of the factory and thereby had control of the scrap metal, which unknown to them, had been left inside the factory.

Answer

the factory owners had taken steps to exclude trespassers

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R v Woodman [1974] 2 All ER 955 HELD: The Court of Appeal held that, because the factory owners had taken steps to exclude trespassers, there was [...] and thereby had control of the scrap metal, which unknown to them, had been left inside the factory.

Answer

evidence that they were in control of the factory

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R v Turner (No 2)

Answer

FACTS: The defendant took his car to a local garage. He later contacted the mechanic to check if the car was ready and was told that it was. The defendant took the car using his spare keys without paying the bill. He was convicted of theft and appealed. HELD: The Court of Appeal held that the mechanic was in possession and control of the car and, therefore, the car did 'belong to another'.

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R v Turner (No 2) FACTS: The defendant took his car to a local garage. He later contacted the mechanic to check if the car was ready and was told that it was. The defendant took the car using his spare

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[case] FACTS: The defendant took his car to a local garage. He later contacted the mechanic to check if the car was ready and was told that it was. The defendant took the car using his spare keys without paying the bill. He was convicted of theft and appealed. HELD: The Court of Appeal held that the mechanic was in possession and control of the car and, therefore, the car did 'belong to another'.

Answer

R v Turner (No 2)

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Question

R v Hall [1972] 2 All ER 1009

Answer

FACTS: The defendant, a travel agent, took money for flights. Instead of using the money to buy airline tickets, he put it into the business account and it was used to pay off his creditors. Subsequently, the defendant went bankrupt and the customers lost the money they had paid to him. HELD: The Court of Appeal held that the TA 1968, s 5(3) did not apply because it was not established that his clients expected him to retain and deal with the money in a particular way, or that an obligation to do so was undertaken by him. Although the clients expected tickets in return for their money, they did not expect their the money to be kept separately, but rather to go towards the general running of the business.

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R v Hall [1972] 2 All ER 1009 FACTS: The defendant, a travel agent, took money for flights. Instead of using the money to buy airline tickets, he put it into the business account and it was used to pay off his credi

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[case] FACTS: The defendant, a travel agent, took money for flights. Instead of using the money to buy airline tickets, he put it into the business account and it was used to pay off his creditors. Subsequently, the defendant went bankrupt and the customers lost the money they had paid to him. HELD: The Court of Appeal held that the TA 1968, s 5(3) did not apply because it was not established that his clients expected him to retain and deal with the money in a particular way, or that an obligation to do so was undertaken by him. Although the clients expected tickets in return for their money, they did not expect their the money to be kept separately, but rather to go towards the general running of the business.

Answer

R v Hall [1972] 2 All ER 1009

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R v Hall [1972] 2 All ER 1009 FACTS: The defendant, a travel agent, took money for flights. Instead of using the money to buy airline tickets, he put it into the business account and it was used to pay off his creditors. Subsequently, the defendant went bankrupt and the customers lost the money they had paid to him. HELD: The Court of Appeal held that the TA 1968, s 5(3) did not apply because [...]. Although the clients expected tickets in return for their money, they did not expect their the money to be kept separately, but rather to go towards the general running of the business.

Answer

it was not established that his clients expected him to retain and deal with the money in a particular way, or that an obligation to do so was undertaken by him

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to the business account and it was used to pay off his creditors. Subsequently, the defendant went bankrupt and the customers lost the money they had paid to him. HELD: The Court of Appeal held that the TA 1968, s 5(3) did not apply because it was not established that his clients expected him to retain and deal with the money in a particular way, or that an obligation to do so was undertaken by him. Although the clients expected tickets in return for their money, they did not expect their the money to be kept separately, but rather to go towards the general running of the busine

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Question

R v Hall [1972] 2 All ER 1009 FACTS: The defendant, a travel agent, took money for flights. Instead of using the money to buy airline tickets, he put it into the business account and it was used to pay off his creditors. Subsequently, the defendant went bankrupt and the customers lost the money they had paid to him. HELD: The Court of Appeal held that the TA 1968, s 5(3) did not apply because it was not established that his clients expected him to retain and deal with the money in a particular way, or that an obligation to do so was undertaken by him. Although the clients expected [...].

Answer

tickets in return for their money, they did not expect their the money to be kept separately, but rather to go towards the general running of the business

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that the TA 1968, s 5(3) did not apply because it was not established that his clients expected him to retain and deal with the money in a particular way, or that an obligation to do so was undertaken by him. Although the clients expected tickets in return for their money, they did not expect their the money to be kept separately, but rather to go towards the general running of the business. <body><html>

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Question

The Theft Act 1968 does not define the term 'dishonesty'. It is for a jury to decide whether an appropriation is dishonest. However, the TA 1968, s [...] specifies three situations, in which an appropriation of property is not to be regarded as dishonest.

Answer

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The Theft Act 1968 does not define the term 'dishonesty'. It is for a jury to decide whether an appropriation is dishonest. However, the TA 1968, s 2 specifies three situations, in which an appropriation of property is not to be regarded as dishonest.

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Question

The Theft Act 1968 does not define the term 'dishonesty'. It is for a jury to decide whether an appropriation is dishonest. However, the [statute] specifies three situations, in which an appropriation of property is not to be regarded as dishonest.

Answer

TA 1968, s 2

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The Theft Act 1968 does not define the term 'dishonesty'. It is for [who] to decide whether an appropriation is dishonest. However, the TA 1968, s 2 specifies three situations, in which an appropriation of property is not to be regarded as dishonest.

Answer

a jury

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Question

The TA 1968, s [...] sets out three separate circumstances in which a person will not be dishonest.

Answer

2(1)

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The TA 1968, s 2(1) sets out three separate circumstances in which a person will not be dishonest.

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Question

The [...] sets out three separate circumstances in which a person will not be dishonest.

Answer

TA 1968, s 2(1)

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The TA 1968, s 2(1) sets out three separate circumstances in which a person will not be dishonest.

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Question

The TA 1968, s 2(1) sets out three separate circumstances in which a person will [...].

Answer

not be dishonest

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The TA 1968, s 2(1) sets out three separate circumstances in which a person will not be dishonest.

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Question

By the TA 1968, s [...], a defendant who believes he has in law the right to deprive the other of the property, either for himself or another, will not be dishonest.

Answer

2(1)(a)

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By the TA 1968, s 2(1)(a), a defendant who believes he has in law the right to deprive the other of the property, either for himself or another, will not be dishonest.

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Question

By the [statute], a defendant who believes he has in law the right to deprive the other of the property, either for himself or another, will not be dishonest.

Answer

TA 1968, s 2(1)(a)

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By the TA 1968, s 2(1)(a), a defendant who believes he has in law the right to deprive the other of the property, either for himself or another, will not be dishonest.

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Question

By the TA 1968, s 2(1)(a), a defendant who [...], will not be dishonest.

Answer

believes he has in law the right to deprive the other of the property, either for himself or another

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By the TA 1968, s 2(1)(a), a defendant who believes he has in law the right to deprive the other of the property, either for himself or another, will not be dishonest.

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Question

By the TA 1968, s [...], a defendant who believes the person to whom the property belongs would have consented had he known of the appropriation and the circumstances of the appropriation will not be dishonest.

Answer

2(1)(b)

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By the TA 1968, s 2(1)(b), a defendant who believes the person to whom the property belongs would have consented had he known of the appropriation and the circumstances of the appropriation will not be dishonest

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Question

By the [statute], a defendant who believes the person to whom the property belongs would have consented had he known of the appropriation and the circumstances of the appropriation will not be dishonest.

Answer

TA 1968, s 2(1)(b)

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Question

By the TA 1968, s 2(1)(b), a defendant who [...] will not be dishonest.

Answer

believes the person to whom the property belongs would have consented had he known of the appropriation and the circumstances of the appropriation

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By the TA 1968, s [...], a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable steps; it is only necessary to believe that such steps will not enable him to find the owner.

Answer

2(1)(c)

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Question

By the [statute], a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable steps; it is only necessary to believe that such steps will not enable him to find the owner.

Answer

TA 1968, s 2(1)(c)

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By the TA 1968, s 2(1)(c), a defendant who [...] will not be dishonest. There is no need for him to take reasonable steps; it is only necessary to believe that such steps will not enable him to find the owner.

Answer

believes that the person to whom the property belongs cannot be discovered by taking reasonable steps

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By the TA 1968, s 2(1)(c), a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable steps; it is only necessary to believe that such steps will not enable him to find the owner.</htm

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Question

By the TA 1968, s 2(1)(c), a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable steps; it is only necessary to [...].

Answer

believe that such steps will not enable him to find the owner

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By the TA 1968, s 2(1)(c), a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable steps; it is only necessary to believe that such steps will not enable him to find the owner.<body><html>

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Question

Although the TA 1968, s 2(1)(c) may apply to the original finding, if [...], then with the application of the TA 1968, s 3(1) (later appropriation), keeping the property at this later stage could be dishonest and therefore theft.

Answer

the owner becomes known to the accused later

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Although the TA 1968, s 2(1)(c) may apply to the original finding, if the owner becomes known to the accused later, then with the application of the TA 1968, s 3(1) (later appropriation), keeping the property at this later stage could be dishonest and therefore theft.

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Question

Although the TA 1968, s 2(1)(c) may apply to the original finding, if the owner becomes known to the accused later, then with the application of the TA 1968, s 3(1) (later appropriation), keeping the property at this later stage [...].

Answer

could be dishonest and therefore theft

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Question

The act does not require the defendant's belief to be reasonably held. As long as it is genuinely held he will not be dishonest.

Answer

R v Robinson. [1977] Crim LR 173

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The act does not require the defendant's belief to be reasonably held. As long as it is genuinely held he will not be dishonest. This has been confirmed by the courts in R v Robinson. [1977] Crim LR 173.

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Question

The act does not require the defendant's belief to be reasonably held. As long as it is [...] he will not be dishonest. This has been confirmed by the courts in R v Robinson. [1977] Crim LR 173.

Answer

genuinely held

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In [case]. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)

Answer

R v Ghosh, [1982] QB 1053

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Question

In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether [...]. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)

Answer

according to the ordinary standards of reasonable and honest people what was done was dishonest

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In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest . If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the de

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Question

In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the [...]. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)

Answer

defendant himself must have realised that what he was doing was by those standards dishonest

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f reasonable and honest people what was done was dishonest . If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest . In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting d

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In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to [...], even if he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)

Answer

act in a way which he knows ordinary people to consider to be dishonest

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dishonest . In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)<body><html>

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In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if [...].' (Emphasis added.)

Answer

he asserts or genuinely believes that he is morally justified in acting as he did

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standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)<body><html>

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A person cannot be convicted of theft if he only forms the dishonest intent after ownership of the property has passed to him.

Answer

Edwards v Ddin

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A person cannot be convicted of theft if he only forms the dishonest intent after ownership of the property has passed to him. An example can be found in Edwards v Ddin ([1976] 1 WLR 942.). The general civil rule is that title in property passes at the time at which the parties intend it to pass.

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A person cannot be convicted of theft if he only forms the dishonest intent after ownership of the property has passed to him. An example can be found in Edwards v Ddin ([1976] 1 WLR 942.). The general civil rule is that title in property passes [...].

Answer

at the time at which the parties intend it to pass

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son cannot be convicted of theft if he only forms the dishonest intent after ownership of the property has passed to him. An example can be found in Edwards v Ddin ([1976] 1 WLR 942.). The general civil rule is that title in property passes at the time at which the parties intend it to pass.<body><html>

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R v Scott [1987] Crim LR 235

Answer

FACTS: Scott 'stole' a pair of curtains from a store intending to return them the following day, alleging that she had purchased them and claiming a refund. HELD: Her conviction for theft was upheld since she had treated the thing as her own to dispose of regardless of the other's rights.

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R v Scott [1987] Crim LR 235 FACTS: Scott 'stole' a pair of curtains from a store intending to return them the following day, alleging that she had purchased them and claiming a refund. HELD: Her conviction for theft was upheld since [...].

Answer

she had treated the thing as her own to dispose of regardless of the other's rights

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R v Scott [1987] Crim LR 235 FACTS: Scott 'stole' a pair of curtains from a store intending to return them the following day, alleging that she had purchased them and claiming a refund. HELD: Her conviction for theft was upheld since she had treated the thing as her own to dispose of regardless of the other's rights.<body><html>

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DPP v J [2002] EWHC 291

Answer

FACTS: The defendants had accosted a boy on his way home from school. One of them snatched the boy's headphones and another defendant snapped them in two. HELD: Silber J noted that once the headphones had been snapped, they were useless and could be said to have been dealt with definitely, to have been got rid of, or finished. He said that the intention of the defendants has to be inferred from their acts, thus this defendant had demonstrated an intention to treat the headphones as his own to dispose of regardless of the owner's rights.

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DPP v J [2002] EWHC 291 FACTS: The defendants had accosted a boy on his way home from school. One of them snatched the boy's headphones and another defendant snapped them in two. HELD: Silber J noted that onc

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Rendering property useless may count as 'disposing of it regardless of others' rights'

Answer

DPP v J [2002] EWHC 291

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DPP v J [2002] EWHC 291 FACTS: The defendants had accosted a boy on his way home from school. One of them snatched the boy's headphones and another defendant snapped them in two. HELD: Silber J noted that once the headphones had been snapped, they were useless and could be said to have been dealt with definitely, to have been got rid of, or finished. He said that the intention of the defendants has to be inferred from their acts, thus [...].

Answer

this defendant had demonstrated an intention to treat the headphones as his own to dispose of regardless of the owner's rights

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d that once the headphones had been snapped, they were useless and could be said to have been dealt with definitely, to have been got rid of, or finished. He said that the intention of the defendants has to be inferred from their acts, thus this defendant had demonstrated an intention to treat the headphones as his own to dispose of regardless of the owner's rights.<body><html>

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R v Mitchell [2008] EWCA Crim 850

Answer

FACTS: The defendant was believed to be part of a gang who took a car by force in order to escape from the police. The car was found abandoned a short while later with its doors open and hazard lights on. Following his arrest, the defendant was charged with robbery, which requires as part of the rules, that a complete theft had been committed (see Chapter 14). HELD: The Court of Appeal criticised the trial judge direction to jury as he had omitted any reference to the words 'to dispose of'. The Court of Appeal stated that it is not enough to merely deal with the property as your own. They referred to the dictionary definition as quoted in Cahill and, on the facts, did not feel that the car had been 'got rid of, sold or bargained with'. Nor did the judges feel that the defendant had dealt with the car in a manner knowing that he was risking its loss, as per Fernandes. The manner in which the car was left suggested that they knew the owner of the car would get it back. On that basis, the defendant was successful in his appeal and his conviction was quashed, the defendant had not intended to treat the car as his own to dispose of regardless of the owner's rights.

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R v Mitchell [2008] EWCA Crim 850 FACTS: The defendant was believed to be part of a gang who took a car by force in order to escape from the police. The car was found abandoned a short while later with its doors open a

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[case] FACTS: The defendant was believed to be part of a gang who took a car by force in order to escape from the police. The car was found abandoned a short while later with its doors open and hazard lights on. Following his arrest, the defendant was charged with robbery, which requires as part of the rules, that a complete theft had been committed (see Chapter 14). HELD: The Court of Appeal criticised the trial judge direction to jury as he had omitted any reference to the words 'to dispose of'. The Court of Appeal stated that it is not enough to merely deal with the property as your own. They referred to the dictionary definition as quoted in Cahill and, on the facts, did not feel that the car had been 'got rid of, sold or bargained with'. Nor did the judges feel that the defendant had dealt with the car in a manner knowing that he was risking its loss, as per Fernandes. The manner in which the car was left suggested that they knew the owner of the car would get it back. On that basis, the defendant was successful in his appeal and his conviction was quashed, the defendant had not intended to treat the car as his own to dispose of regardless of the owner's rights.

Answer

R v Mitchell [2008] EWCA Crim 850

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R v Mitchell [2008] EWCA Crim 850 FACTS: The defendant was believed to be part of a gang who took a car by force in order to escape from the police. The car was found abandoned a short while later with its doors open and hazard lights on. Following his arrest, the defendant was charged with robbery, which requires as part of the rules, that a complete theft had been committed (see Chapter 14). HELD: The Court of Appeal criticised the trial judge direction to jury as he had omitted any reference to the words 'to dispose of'. The Court of Appeal stated that [...]. They referred to the dictionary definition as quoted in Cahill and, on the facts, did not feel that the car had been 'got rid of, sold or bargained with'. Nor did the judges feel that the defendant had dealt with the car in a manner knowing that he was risking its loss, as per Fernandes. The manner in which the car was left suggested that they knew the owner of the car would get it back. On that basis, the defendant was successful in his appeal and his conviction was quashed, the defendant had not intended to treat the car as his own to dispose of regardless of the owner's rights.

Answer

it is not enough to merely deal with the property as your own

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rt of the rules, that a complete theft had been committed (see Chapter 14). HELD: The Court of Appeal criticised the trial judge direction to jury as he had omitted any reference to the words 'to dispose of'. The Court of Appeal stated that it is not enough to merely deal with the property as your own. They referred to the dictionary definition as quoted in Cahill and, on the facts, did not feel that the car had been 'got rid of, sold or bargained with'. Nor did the judges feel tha

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The second half of the TA 1968, s [...] states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

Answer

6(1)

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The second half of the TA 1968, s 6(1) states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or le

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The second half of the [statute] states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

Answer

TA 1968, s 6(1)

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The second half of the TA 1968, s 6(1) states that [...]. This will be the case if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

Answer

borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights

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The second half of the TA 1968, s 6(1) states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or lending is [...].

Answer

for a period and in circumstances making it equivalent to an outright taking or disposal

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an>The second half of the TA 1968, s 6(1) states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.<body><html>

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borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights.

Answer

TA 1968, s 6(1)

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R v Lloyd [1985] QB 829

Answer

FACTS: Lloyd was a projectionist in a cinema. He borrowed films from the cinema, and with others, he copied them onto videotape, sold the videotapes, and then returned the original films to the cinema ready for the next show. Lloyd and his co-accused were convicted of conspiracy to steal (theft). HELD: On appeal, the Court of Appeal quashed the convictions. Refusing to hold that their actions were covered by the TA 1968, s 6(1), Lord Lane CJ said:

'In this case we are concerned with the second part of s 6(1), namely the words after the semi-colon: "and a borrowing or a lending of it may amount to so treating if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal." This half of the subsection ... is intended to make it clear that a mere borrowing is never enough to constitute the necessary guilty mind, unless the intention is to return the "thing" in such a changed state that it can truly be said that all its goodness or virtue has gone: for example: R v Beecham (1891) 5 Cox CC 181, where the defendant stole railway tickets intending that they should be returned to the railway company in the usual way only after the journeys had been completed ... The judge in the present case gave another example, namely the taking of a torch battery with the intention of returning it only when its power is exhausted. The goodness, the virtue, the practical value of the films to the owners has not gone out of the article. The film could still be projected to paying audiences, and, had everything gone according to the conspirators' plans, would have been projected in the ordinary way to audiences at the Odeon Cinema, Barking, who would have paid for their seats. Our view is that those particular films which were the subject of this alleged conspiracy had not themselves diminished in value at all. What had happened was that the borrowed film had been used or was going to be used to perpetrate a copyright swindle on the owners whereby their commercial interests were grossly and adversely affected ...'

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R v Lloyd [1985] QB 829 FACTS: Lloyd was a projectionist in a cinema. He borrowed films from the cinema, and with others, he copied them onto videotape, sold the videotapes, and then returned the original films

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R v Lloyd [1985] QB 829 FACTS: Lloyd was a projectionist in a cinema. He borrowed films from the cinema, and with others, he copied them onto videotape, sold the videotapes, and then returned the original films to the cinema ready for the next show. Lloyd and his co-accused were convicted of conspiracy to steal (theft). HELD: On appeal, the Court of Appeal [...]. Refusing to hold that their actions were covered by the TA 1968, s 6(1), Lord Lane CJ said:

'In this case we are concerned with the second part of s 6(1), namely the words after the semi-colon: "and a borrowing or a lending of it may amount to so treating if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal." This half of the subsection ... is intended to make it clear that a mere borrowing is never enough to constitute the necessary guilty mind, unless the intention is to return the "thing" in such a changed state that it can truly be said that all its goodness or virtue has gone: for example: R v Beecham (1891) 5 Cox CC 181, where the defendant stole railway tickets intending that they should be returned to the railway company in the usual way only after the journeys had been completed ... The judge in the present case gave another example, namely the taking of a torch battery with the intention of returning it only when its power is exhausted. The goodness, the virtue, the practical value of the films to the owners has not gone out of the article. The film could still be projected to paying audiences, and, had everything gone according to the conspirators' plans, would have been projected in the ordinary way to audiences at the Odeon Cinema, Barking, who would have paid for their seats. Our view is that those particular films which were the subject of this alleged conspiracy had not themselves diminished in value at all. What had happened was that the borrowed film had been used or was going to be used to perpetrate a copyright swindle on the owners whereby their commercial interests were grossly and adversely affected ...'

Answer

quashed the convictions

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hers, he copied them onto videotape, sold the videotapes, and then returned the original films to the cinema ready for the next show. Lloyd and his co-accused were convicted of conspiracy to steal (theft). HELD: On appeal, the Court of Appeal quashed the convictions. Refusing to hold that their actions were covered by the TA 1968, s 6(1), Lord Lane CJ said: 'In this case we are concerned with the second part of s 6(1), namely the words

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R v Lloyd [1985] QB 829 FACTS: Lloyd was a projectionist in a cinema. He borrowed films from the cinema, and with others, he copied them onto videotape, sold the videotapes, and then returned the original films to the cinema ready for the next show. Lloyd and his co-accused were convicted of conspiracy to steal (theft). HELD: On appeal, the Court of Appeal quashed the convictions. Refusing to hold that their actions were covered by the TA 1968, s 6(1), Lord Lane CJ said:

'In this case we are concerned with the second part of s 6(1), namely the words after the semi-colon: "and a borrowing or a lending of it may amount to so treating if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal." This half of the subsection ... is intended to make it clear that [...], unless the intention is to return the "thing" in such a changed state that it can truly be said that all its goodness or virtue has gone: for example: R v Beecham (1891) 5 Cox CC 181, where the defendant stole railway tickets intending that they should be returned to the railway company in the usual way only after the journeys had been completed ... The judge in the present case gave another example, namely the taking of a torch battery with the intention of returning it only when its power is exhausted. The goodness, the virtue, the practical value of the films to the owners has not gone out of the article. The film could still be projected to paying audiences, and, had everything gone according to the conspirators' plans, would have been projected in the ordinary way to audiences at the Odeon Cinema, Barking, who would have paid for their seats. Our view is that those particular films which were the subject of this alleged conspiracy had not themselves diminished in value at all. What had happened was that the borrowed film had been used or was going to be used to perpetrate a copyright swindle on the owners whereby their commercial interests were grossly and adversely affected ...'

Answer

a mere borrowing is never enough to constitute the necessary guilty mind

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ing of it may amount to so treating if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal." This half of the subsection ... is intended to make it clear that a mere borrowing is never enough to constitute the necessary guilty mind, unless the intention is to return the "thing" in such a changed state that it can truly be said that all its goodness or virtue has gone: for example: R v Beecham (1891) 5 Co

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R v Lloyd [1985] QB 829 FACTS: Lloyd was a projectionist in a cinema. He borrowed films from the cinema, and with others, he copied them onto videotape, sold the videotapes, and then returned the original films to the cinema ready for the next show. Lloyd and his co-accused were convicted of conspiracy to steal (theft). HELD: On appeal, the Court of Appeal quashed the convictions. Refusing to hold that their actions were covered by the TA 1968, s 6(1), Lord Lane CJ said:

'In this case we are concerned with the second part of s 6(1), namely the words after the semi-colon: "and a borrowing or a lending of it may amount to so treating if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal." This half of the subsection ... is intended to make it clear that a mere borrowing is never enough to constitute the necessary guilty mind, unless [...]: for example: R v Beecham (1891) 5 Cox CC 181, where the defendant stole railway tickets intending that they should be returned to the railway company in the usual way only after the journeys had been completed ... The judge in the present case gave another example, namely the taking of a torch battery with the intention of returning it only when its power is exhausted. The goodness, the virtue, the practical value of the films to the owners has not gone out of the article. The film could still be projected to paying audiences, and, had everything gone according to the conspirators' plans, would have been projected in the ordinary way to audiences at the Odeon Cinema, Barking, who would have paid for their seats. Our view is that those particular films which were the subject of this alleged conspiracy had not themselves diminished in value at all. What had happened was that the borrowed film had been used or was going to be used to perpetrate a copyright swindle on the owners whereby their commercial interests were grossly and adversely affected ...'

Answer

the intention is to return the "thing" in such a changed state that it can truly be said that all its goodness or virtue has gone

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for a period and in circumstances making it equivalent to an outright taking or disposal." This half of the subsection ... is intended to make it clear that a mere borrowing is never enough to constitute the necessary guilty mind, unless the intention is to return the "thing" in such a changed state that it can truly be said that all its goodness or virtue has gone: for example: R v Beecham (1891) 5 Cox CC 181, where the defendant stole railway tickets intending that they should be returned to the railway company in the usual way only after the jo

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A person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of regardless of the other's rights.

Answer

TA 1968, s 6(2)

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The TA 1968, s 6(2) states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of reg

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The TA 1968, s [...] states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of regardless of the other's rights.

Answer

6(2)

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The [statute] states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of regardless of the other's rights.

Answer

TA 1968, s 6(2)

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The TA 1968, s 6(2) states that [...], is deemed to be treating the property as his own to dispose of regardless of the other's rights.

Answer

a person who parts with property under a condition as to its return, which he may not be able to perform

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Question

The TA 1968, s 6(2) states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed [...].

Answer

to be treating the property as his own to dispose of regardless of the other's rights

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R v Velumyl [1989] Crim LR 299

Answer

FACTS: The defendant had borrowed money from his employer's safe, even though he knew this was against company rules. He said he intended to repay it on the following day after a debt had been repaid to him. HELD: It was held by the Court of Appeal that intending to return coins of an equivalent value is not the same as intending to return the identical ones that were taken. Therefore, although such an intention may be relevant to the issue of dishonesty, it does not negative the intention to permanently deprive the owner of the original notes and coins.

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R v Velumyl [1989] Crim LR 299 FACTS: The defendant had borrowed money from his employer's safe, even though he knew this was against company rules. He said he intended to repay it on the following day after a debt

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R v Velumyl [1989] Crim LR 299 FACTS: The defendant had borrowed money from his employer's safe, even though he knew this was against company rules. He said he intended to repay it on the following day after a debt had been repaid to him. HELD: It was held by the Court of Appeal that [...]. Therefore, although such an intention may be relevant to the issue of dishonesty, it does not negative the intention to permanently deprive the owner of the original notes and coins.

Answer

intending to return coins of an equivalent value is not the same as intending to return the identical ones that were taken

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endant had borrowed money from his employer's safe, even though he knew this was against company rules. He said he intended to repay it on the following day after a debt had been repaid to him. HELD: It was held by the Court of Appeal that intending to return coins of an equivalent value is not the same as intending to return the identical ones that were taken. Therefore, although such an intention may be relevant to the issue of dishonesty, it does not negative the intention to permanently deprive the owner of the original notes and coins.

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Court of Appeal held that intending to return coins of an equivalent value is not the same as intending to return the identical ones that were taken. Therefore, although such an intention may be relevant to the issue of dishonesty, it does not negative the intention to permanently deprive the owner of the original notes and coins.

Answer

R v Velumyl [1989] Crim LR 299

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Question

This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.

Actus reus
1. Appropriation (TA 1968, s [...])
2. Property (TA 1968, s 4)
3. Belonging to another (TA 1968, s 5)
Mens rea
1. Dishonestly (TA 1968, s 2)
2. With the intention to permanently deprive (TA 1968, s 6)

Answer

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ad>This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) </

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Question

This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.

Actus reus
1. Appropriation (TA 1968, s 3)
2. Property (TA 1968, s [...])
3. Belonging to another (TA 1968, s 5)
Mens rea
1. Dishonestly (TA 1968, s 2)
2. With the intention to permanently deprive (TA 1968, s 6)

Answer

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s section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) <body></htm

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Question

This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.

Actus reus
1. Appropriation (TA 1968, s 3)
2. Property (TA 1968, s 4)
3. Belonging to another (TA 1968, s [...])
Mens rea
1. Dishonestly (TA 1968, s 2)
2. With the intention to permanently deprive (TA 1968, s 6)

Answer

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the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) <body><html>

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Question

This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.

Actus reus
1. Appropriation (TA 1968, s 3)
2. Property (TA 1968, s 4)
3. Belonging to another (TA 1968, s 5)
Mens rea
1. Dishonestly (TA 1968, s [...])
2. With the intention to permanently deprive (TA 1968, s 6)

Answer

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secution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) <body><html>

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Question

This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.

Actus reus
1. Appropriation (TA 1968, s 3)
2. Property (TA 1968, s 4)
3. Belonging to another (TA 1968, s 5)
Mens rea
1. Dishonestly (TA 1968, s 2)
2. With the intention to permanently deprive (TA 1968, s [...])

Answer

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a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) <body><html>

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Question

This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.

Actus reus
1. [...] (TA 1968, s 3)
2. Property (TA 1968, s 4)
3. Belonging to another (TA 1968, s 5)
Mens rea
1. Dishonestly (TA 1968, s 2)
2. With the intention to permanently deprive (TA 1968, s 6)

Answer

Appropriation

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This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) &#1

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Question

This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.

Actus reus
1. Appropriation (TA 1968, s 3)
2. [...] (TA 1968, s 4)
3. Belonging to another (TA 1968, s 5)
Mens rea
1. Dishonestly (TA 1968, s 2)
2. With the intention to permanently deprive (TA 1968, s 6)

Answer

Property

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Question

This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.

Actus reus
1. Appropriation (TA 1968, s 3)
2. Property (TA 1968, s 4)
3. [...] (TA 1968, s 5)
Mens rea
1. Dishonestly (TA 1968, s 2)
2. With the intention to permanently deprive (TA 1968, s 6)

Answer

Belonging to another

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ection defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) <body><html>

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Question

This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.

Actus reus
1. Appropriation (TA 1968, s 3)
2. Property (TA 1968, s 4)
3. Belonging to another (TA 1968, s 5)
Mens rea
1. [...] (TA 1968, s 2)
2. With the intention to permanently deprive (TA 1968, s 6)

Answer

Dishonestly

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for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) <body><html>

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Question

This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.

Actus reus
1. Appropriation (TA 1968, s 3)
2. Property (TA 1968, s 4)
3. Belonging to another (TA 1968, s 5)
Mens rea
1. Dishonestly (TA 1968, s 2)
2. [...] (TA 1968, s 6)

Answer

With the intention to permanently deprive

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ution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) <body><html>

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Question

'Any assumption by a person of the rights of an owner amounts to an appropriation …'

Answer

TA 1968, s 3(1)

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The word 'appropriation' is defined in part in the TA 1968, s 3(1): 'Any assumption by a person of the rights of an owner amounts to an appropriation …'

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Question

The word 'appropriation' is defined in part in the TA 1968, s [...]: 'Any assumption by a person of the rights of an owner amounts to an appropriation …'

Answer

3(1)

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The word 'appropriation' is defined in part in the TA 1968, s 3(1): 'Any assumption by a person of the rights of an owner amounts to an appropriation …'

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Question

The word 'appropriation' is defined in part in the [statute]: 'Any assumption by a person of the rights of an owner amounts to an appropriation …'

Answer

TA 1968, s 3(1)

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The word 'appropriation' is defined in part in the TA 1968, s 3(1): 'Any assumption by a person of the rights of an owner amounts to an appropriation …'

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Question

The word 'appropriation' is defined in part in the TA 1968, s 3(1): [...]

Answer

'Any assumption by a person of the rights of an owner amounts to an appropriation …'

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The word 'appropriation' is defined in part in the TA 1968, s 3(1): 'Any assumption by a person of the rights of an owner amounts to an appropriation …'

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Question

The word 'appropriation' is defined in part in the TA 1968, s 3(1): 'Any assumption by a person of the [...] amounts to an appropriation …'

Answer

rights of an owner

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The word 'appropriation' is defined in part in the TA 1968, s 3(1): 'Any assumption by a person of the rights of an owner amounts to an appropriation …'

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Question

A defendant can appropriate property even with the consent of the owner.

Answer

R v Gomez [1993] 1 All ER 1 (HL)

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The issue was settled in R v Gomez [1993] 1 All ER 1 (HL), where the majority in the House of Lords decided that a defendant can appropriate property even with the consent of the owner.

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Question

R v Adams [1993] Crim LR 72

Answer

The defendant purchased goods not knowing that they were stolen. The trial court convicted him of theft on the basis that there had been a later appropriation under the TA 1968, s 3(1) when he kept the goods after finding out that they were stolen. However, the conviction was quashed on appeal on the ground that the judge failed to direct the jury that he had a defence under the TA 1968, s 3(2).

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In R v Adams [1993] Crim LR 72, the defendant purchased goods not knowing that they were stolen. The trial court convicted him of theft on the basis that there had been a later appropriation under the TA 1968, s 3(

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Question

In R v Adams [1993] Crim LR 72, the defendant purchased goods not knowing that they were stolen. The trial court convicted him of theft on the basis that there had been a later appropriation under the TA 1968, s 3(1) when he kept the goods after finding out that they were stolen. However, the conviction was quashed on appeal on the ground that [...].

Answer

the judge failed to direct the jury that he had a defence under the TA 1968, s 3(2)

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l court convicted him of theft on the basis that there had been a later appropriation under the TA 1968, s 3(1) when he kept the goods after finding out that they were stolen. However, the conviction was quashed on appeal on the ground that the judge failed to direct the jury that he had a defence under the TA 1968, s 3(2). <body><html>

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Question

A householder does not abandon goods that he puts in his dustbin. He intends the goods to be collected by the local authority, so a dustman could be guilty of theft if he appropriates goods from a dustbin with the relevant mens rea.

Answer

Williams v Phillips (1957) 41 Cr App R 5)

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Property can cease to belong to another if it has been abandoned. However, the courts do not readily find that property has been abandoned. In Williams v Phillips (1957) 41 Cr App R 5), it was held that a householder does not abandon goods that he puts in his dustbin. He intends the goods to be collected by the local authority, so a dustman could be guilty of theft

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Question

Property can cease to belong to another if it has been abandoned. However, the courts do not readily find that property has been abandoned. In [case], it was held that a householder does not abandon goods that he puts in his dustbin. He intends the goods to be collected by the local authority, so a dustman could be guilty of theft if he appropriates goods from a dustbin with the relevant mens rea.

Answer

Williams v Phillips (1957) 41 Cr App R 5)

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Property can cease to belong to another if it has been abandoned. However, the courts do not readily find that property has been abandoned. In Williams v Phillips (1957) 41 Cr App R 5), it was held that [...]. He intends the goods to be collected by the local authority, so a dustman could be guilty of theft if he appropriates goods from a dustbin with the relevant mens rea.

Answer

a householder does not abandon goods that he puts in his dustbin

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Question

Parker v British Airways Board [1982] 1 All ER 834

Answer

FACTS: The defendant was an airline passenger who found a gold bracelet in a British Airways executive lounge. The court considered whether British Airways had possession or control of the bracelet. HELD: The court decided that the company did not, but stated that if it had shown an intention to exercise control over the building and things in it, the company could have secured possession of the bracelet before the defendant found it. The court held that British Airways could have demonstrated this intention either expressly, for example by putting up a notice, or impliedly. However, in this case it had shown no such intention. When the original owner did not come forward to claim the bracelet it could be kept by the passenger.

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Parker v British Airways Board [1982] 1 All ER 834 FACTS: The defendant was an airline passenger who found a gold bracelet in a British Airways executive lounge. The court considered whether British Airways had possession or control of

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Parker v British Airways Board [1982] 1 All ER 834 FACTS: The defendant was an airline passenger who found a gold bracelet in a British Airways executive lounge. The court considered whether British Airways had possession or control of the bracelet. HELD: The court decided that the company did not, but stated that [...]. The court held that British Airways could have demonstrated this intention either expressly, for example by putting up a notice, or impliedly. However, in this case it had shown no such intention. When the original owner did not come forward to claim the bracelet it could be kept by the passenger.

Answer

if it had shown an intention to exercise control over the building and things in it, the company could have secured possession of the bracelet before the defendant found it

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an airline passenger who found a gold bracelet in a British Airways executive lounge. The court considered whether British Airways had possession or control of the bracelet. HELD: The court decided that the company did not, but stated that if it had shown an intention to exercise control over the building and things in it, the company could have secured possession of the bracelet before the defendant found it. The court held that British Airways could have demonstrated this intention either expressly, for example by putting up a notice, or impliedly. However, in this case it had shown no s

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Question

Parker v British Airways Board [1982] 1 All ER 834 FACTS: The defendant was an airline passenger who found a gold bracelet in a British Airways executive lounge. The court considered whether British Airways had possession or control of the bracelet. HELD: The court decided that the company did not, but stated that if it had shown an intention to exercise control over the building and things in it, the company could have secured possession of the bracelet before the defendant found it. The court held that British Airways could have demonstrated this intention [...]. However, in this case it had shown no such intention. When the original owner did not come forward to claim the bracelet it could be kept by the passenger.

Answer

either expressly, for example by putting up a notice, or impliedly

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d shown an intention to exercise control over the building and things in it, the company could have secured possession of the bracelet before the defendant found it. The court held that British Airways could have demonstrated this intention either expressly, for example by putting up a notice, or impliedly. However, in this case it had shown no such intention. When the original owner did not come forward to claim the bracelet it could be kept by the passenger. <body></htm

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Question

However, the TA 1968, s 5(3) will only operate where [...].

Answer

the accused is under a legal obligation to use the property for the purpose given

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However, the TA 1968, s 5(3) will only operate where the accused is under a legal obligation to use the property for the purpose given.

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Question

Davidge v Bunnett [1984] Crim LR 297

Answer

FACTS: The defendant shared a flat with others. They all shared the costs of bills. On receipt of a gas bill for the sum of £159.75, the defendant was given cheques to the value of £109.75 towards the cost of the bill to which she was expected to add the outstanding £50.00. The defendant cashed the cheques and spent the money on Christmas presents. She was convicted of theft. The Queens Bench Division held that she was under a legal obligation to apply the proceeds of the cheques to the payment of the gas bill. HELD: The defendant's conviction for theft was upheld. This case confirms that obligations can be imposed upon domestic/social arrangements.

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Davidge v Bunnett [1984] Crim LR 297 FACTS: The defendant shared a flat with others. They all shared the costs of bills. On receipt of a gas bill for the sum of £159.75, the defendant was given cheques to the value of £10

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Question

Confirms that obligations can be imposed upon domestic/social arrangements.

Answer

Davidge v Bunnett

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resents. She was convicted of theft. The Queens Bench Division held that she was under a legal obligation to apply the proceeds of the cheques to the payment of the gas bill. HELD: The defendant's conviction for theft was upheld. This case confirms that obligations can be imposed upon domestic/social arrangements.<body><html>

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Question

R v Klineberg and Marsden [1999] 1 Cr App R 427

Answer

FACTS: The defendants (K and M) set up a company to buy a timeshare development under construction in Lanzarote and to sell the timeshares. The purchasers were told that their money would be paid to a stake-holding trust company to be held on trust until the development had been completed and was ready for occupation. Various purchasers paid a total of £500,000 for timeshares of which only £233 was paid to the trust company. The rest was paid into the company's bank account and 'lost' when the company went into liquidation. K and M were convicted of ten counts of theft. They appealed against their convictions, arguing that once the money was paid into the company's account, it no longer belonged to the customers. HELD: The Court of Appeal dismissed the appeal in part and upheld six of the ten convictions. They stated that K and M's express assurances that the money would be safeguarded by payment to a stake-holding trust company meant that they were under a legal obligation to do just that. The prosecution had proved that on six counts that the defendants were under an obligation to deal with the money in a particular way. Accordingly, under the TA 1968, s 5(3) the money would be deemed to belong to the purchasers.

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R v Klineberg and Marsden [1999] 1 Cr App R 427 FACTS: The defendants (K and M) set up a company to buy a timeshare development under construction in Lanzarote and to sell the timeshares. The purchasers were told that their money woul

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Question

R v Klineberg and Marsden [1999] 1 Cr App R 427
FACTS: The defendants (K and M) set up a company to buy a timeshare development under construction in Lanzarote and to sell the timeshares. The purchasers were told that their money would be paid to a stake-holding trust company to be held on trust until the development had been completed and was ready for occupation. Various purchasers paid a total of £500,000 for timeshares of which only £233 was paid to the trust company. The rest was paid into the company's bank account and 'lost' when the company went into liquidation. K and M were convicted of ten counts of theft. They appealed against their convictions, arguing that once the money was paid into the company's account, it no longer belonged to the customers. HELD: The Court of Appeal dismissed the appeal in part and upheld six of the ten convictions. They stated that [...]. The prosecution had proved that on six counts that the defendants were under an obligation to deal with the money in a particular way. Accordingly, under the TA 1968, s 5(3) the money would be deemed to belong to the purchasers.

Answer

K and M's express assurances that the money would be safeguarded by payment to a stake-holding trust company meant that they were under a legal obligation to do just that

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against their convictions, arguing that once the money was paid into the company's account, it no longer belonged to the customers. HELD: The Court of Appeal dismissed the appeal in part and upheld six of the ten convictions. They stated that K and M's express assurances that the money would be safeguarded by payment to a stake-holding trust company meant that they were under a legal obligation to do just that. The prosecution had proved that on six counts that the defendants were under an obligation to deal with the money in a particular way. Accordingly, under the TA 1968, s 5(3) the money

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Question

The TA 1968, s [...] caters for the situation where title has passed to the defendant due to another's mistake and allows property to belong to another for the purposes of the Act.

Answer

5(4)

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The TA 1968, s 5(4) caters for the situation where title has passed to the defendant due to another's mistake and allows property to belong to another for the purposes of the Act.

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Question

The [statute] caters for the situation where title has passed to the defendant due to another's mistake and allows property to belong to another for the purposes of the Act.

Answer

TA 1968, s 5(4)

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The TA 1968, s 5(4) caters for the situation where title has passed to the defendant due to another's mistake and allows property to belong to another for the purposes of the Act.

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Question

The TA 1968, s 5(4) caters for the situation where title has passed to the defendant due to another's mistake and allows [...].

Answer

property to belong to another for the purposes of the Act

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The TA 1968, s 5(4) caters for the situation where title has passed to the defendant due to another's mistake and allows property to belong to another for the purposes of the Act.

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Question

The TA 1968, s 5(4) caters for the situation where [...] and allows property to belong to another for the purposes of the Act.

Answer

title has passed to the defendant due to another's mistake

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The TA 1968, s 5(4) caters for the situation where title has passed to the defendant due to another's mistake and allows property to belong to another for the purposes of the Act.

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Question

The TA 1968, s [...] provides that a person can appropriate property dishonestly, despite being willing to pay for the property.

Answer

2(2)

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The TA 1968, s 2(2) provides that a person can appropriate property dishonestly, despite being willing to pay for the property.

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Question

The [statute] provides that a person can appropriate property dishonestly, despite being willing to pay for the property.

Answer

TA 1968, s 2(2)

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The TA 1968, s 2(2) provides that a person can appropriate property dishonestly, despite being willing to pay for the property.

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Question

The TA 1968, s 2(2) provides that [...].

Answer

a person can appropriate property dishonestly, despite being willing to pay for the property

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The TA 1968, s 2(2) provides that a person can appropriate property dishonestly, despite being willing to pay for the property.

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Question

The TA 1968, s 2(2) provides that a person can appropriate property dishonestly, despite being willing to pay for the property. This allows people to be convicted of theft when they [...].

Answer

take property that the owner does not wish to sell, intending to pay for that property

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The TA 1968, s 2(2) provides that a person can appropriate property dishonestly, despite being willing to pay for the property. This allows people to be convicted of theft when they take property that the owner does not wish to sell, intending to pay for that property.

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Question

Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten (at which point it also ceases to be property) or possibly earlier, e.g. when it is ordered and cooked in a restaurant.

Answer

Corcoran v Whent ([1977] Crim LR 52.)

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Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant.

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Question

Ownership of property usually passes [...], but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant.

Answer

when it is paid for

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Question

Ownership of property usually passes when it is paid for, but ownership of food passes [...] – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant.

Answer

when it is eaten

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Question

Ownership of petrol passes when [...].

Answer

it is put in a petrol tank

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Ownership of petrol passes when it is put in a petrol tank.

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Question

Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant. Ownership of petrol passes when it is put in a petrol tank. In the absence of mens rea from the outset, the appropriate charge for this type of offence would be [...] s3 Theft Act 1978 which was brought in to cover those who were unable to be convicted of theft in these situations.

Answer

making off without payment under

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rty) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant. Ownership of petrol passes when it is put in a petrol tank. In the absence of mens rea from the outset, the appropriate charge for this type of offence would be making off without payment under s3 Theft Act 1978 which was brought in to cover those who were unable to be convicted of theft in these situations.<body><html>

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Question

Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant. Ownership of petrol passes when it is put in a petrol tank. In the absence of mens rea from the outset, the appropriate charge for this type of offence would be making off without payment under s[...] Theft Act 1978 which was brought in to cover those who were unable to be convicted of theft in these situations.

Answer

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hen it is ordered and cooked in a restaurant. Ownership of petrol passes when it is put in a petrol tank. In the absence of mens rea from the outset, the appropriate charge for this type of offence would be making off without payment under s3 Theft Act 1978 which was brought in to cover those who were unable to be convicted of theft in these situations.<body><html>

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Question

Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant. Ownership of petrol passes when it is put in a petrol tank. In the absence of mens rea from the outset, the appropriate charge for this type of offence would be making off without payment under [statute] which was brought in to cover those who were unable to be convicted of theft in these situations.

Answer

s3 Theft Act 1978

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when it is ordered and cooked in a restaurant. Ownership of petrol passes when it is put in a petrol tank. In the absence of mens rea from the outset, the appropriate charge for this type of offence would be making off without payment under s3 Theft Act 1978 which was brought in to cover those who were unable to be convicted of theft in these situations.<body><html>

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Question

The TA 1968, s [...] requires that the accused must 'intend to permanently deprive' the owner of his property.

Answer

1(1)

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The TA 1968, s 1(1) requires that the accused must 'intend to permanently deprive' the owner of his property.

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Question

The TA 1968, s 1(1) requires that the accused must [...].

Answer

'intend to permanently deprive' the owner of his property

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The TA 1968, s 1(1) requires that the accused must 'intend to permanently deprive' the owner of his property.

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Question

The accused must 'intend to permanently deprive' the owner of his property.

Answer

TA 1968, s 1(1)

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The TA 1968, s 1(1) requires that the accused must 'intend to permanently deprive' the owner of his property.

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Question

The [statute] requires that the accused must 'intend to permanently deprive' the owner of his property.

Answer

TA 1968, s 1(1)

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The TA 1968, s 1(1) requires that the accused must 'intend to permanently deprive' the owner of his property.

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Question

The TA 1968, s 1(1) requires that the accused must 'intend to permanently deprive' the owner of his property. There is no requirement that the owner is actually deprived of his property permanently. The defendant must have the intention to permanently deprive [...].

Answer

at the time of the appropriation

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requires that the accused must 'intend to permanently deprive' the owner of his property. There is no requirement that the owner is actually deprived of his property permanently. The defendant must have the intention to permanently deprive at the time of the appropriation.<body><html>

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Question

The TA 1968, s [...] states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.

Answer

6(1)

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The TA 1968, s 6(1) states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.

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Question

The [statute] states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.

Answer

TA 1968, s 6(1)

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Question

If the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.

Answer

TA 1968, s 6(1)

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Question

The TA 1968, s 6(1) states that if the defendant has an intention to [...], this will amount to an intention to permanently deprive.

Answer

treat the thing as his own to dispose of regardless of the others rights

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Flashcard 1368426155276

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Question

The TA 1968, s 6(1) states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will [...].

Answer

amount to an intention to permanently deprive

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Question

R v Fernandes [1996] 1 Cr App R 175

Answer

FACTS: Fernandes was a solicitor who transferred money out of his clients' accounts and invested it in a risky money-lending business. The money was lost. He claimed not to have had an intention to permanently deprive as he intended to return the money. It was argued on his behalf that the TA 1968, s 6(1) only covered cases of selling the owner his own property, of borrowing and of pawning (which is covered by the TA 1968, s 6(2) see below). HELD: The Court of Appeal held that these were merely three examples of treating property as your own to dispose of regardless of the other's rights and there could be others – Auld LJ:

'We consider that section 6 may apply to a person in possession or control of another's property who, dishonestly and for his own purpose, deals with that property in such a manner that he knows he is risking its loss.'

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R v Fernandes [1996] 1 Cr App R 175 FACTS: Fernandes was a solicitor who transferred money out of his clients' accounts and invested it in a risky money-lending business. The money was lost. He claimed not to have had an i

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Question

Section 6 TA 1968 may apply to a person in possession or control of another's property who, dishonestly and for his own purpose, deals with that property in such a manner that he knows he is risking its loss.

Answer

R v Fernandes [1996] 1 Cr App R 175

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1968, s 6(2) see below). HELD: The Court of Appeal held that these were merely three examples of treating property as your own to dispose of regardless of the other's rights and there could be others – Auld LJ: 'We consider that section 6 may apply to a person in possession or control of another's property who, dishonestly and for his own purpose, deals with that property in such a manner that he knows he is risking its loss.' <body><html>

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Question

R v Fernandes [1996] 1 Cr App R 175
FACTS: Fernandes was a solicitor who transferred money out of his clients' accounts and invested it in a risky money-lending business. The money was lost. He claimed not to have had an intention to permanently deprive as he intended to return the money. It was argued on his behalf that the TA 1968, s 6(1) only covered cases of selling the owner his own property, of borrowing and of pawning (which is covered by the TA 1968, s 6(2) see below). HELD: The Court of Appeal held that these were merely three examples of treating property as your own to dispose of regardless of the other's rights and there could be others – [Who]:

'We consider that section 6 may apply to a person in possession or control of another's property who, dishonestly and for his own purpose, deals with that property in such a manner that he knows he is risking its loss.'

Answer

Auld LJ

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d of pawning (which is covered by the TA 1968, s 6(2) see below). HELD: The Court of Appeal held that these were merely three examples of treating property as your own to dispose of regardless of the other's rights and there could be others – Auld LJ: 'We consider that section 6 may apply to a person in possession or control of another's property who, dishonestly and for his own purpose, deals with that property in such

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Question

The offence of theft is found in s [...] Theft Act 1968, which provides: 'A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it …’

Answer

1(1)

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The offence of theft is found in s 1(1) Theft Act 1968, which provides: 'A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it …’

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Question

The offence of theft is found in [statute], which provides: 'A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it …’

Answer

s 1(1) Theft Act 1968

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Question

The offence of theft is found in s 1(1) Theft Act 1968, which provides: [...]

Answer

'A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it …’

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Question

R v Morris [1983] 3 All ER 288

Answer

FACTS: The defendant took items from a shelf in a self-service shop. He removed the correct price labels and replaced them with labels taken from lower-priced goods. At the checkout, the defendant paid the lower price for the items. He was arrested and subsequently convicted of theft. HELD: Both the Court of Appeal and the House of Lords dismissed his appeal against conviction. It was held that it is only necessary to assume one of the rights of the owner. It was the owner’s right to label his goods, so when Morris swapped the labels this was an appropriation.

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R v Morris [1983] 3 All ER 288 FACTS: The defendant took items from a shelf in a self-service shop. He removed the correct price labels and replaced them with labels taken from lower-priced goods. At the checkout, the

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Question

Two important points emerge from this case.
(1) The assumption of any one of the rights of an owner amounts to an appropriation.
(2) D may be guilty of theft although he does not intend by the act of appropriation itself to deprive P permanently of the property.

Answer

R v Morris [1983] 3 All ER 288

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Question

The assumption of any one of the rights of an owner amounts to an appropriation.

Answer

R v Morris [1983] 3 All ER 288

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on. It was held that it is only necessary to assume one of the rights of the owner. It was the owner’s right to label his goods, so when Morris swapped the labels this was an appropriation. Two important points emerge from this case. (1) The assumption of any one of the rights of an owner amounts to an appropriation. (2) D may be guilty of theft although he does not intend by the act of appropriation itself to deprive P permanently of the property.<body><html>

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Question

D may be guilty of theft although he does not intend by the act of appropriation itself to deprive P permanently of the property.

Answer

R v Morris [1983] 3 All ER 288

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the owner’s right to label his goods, so when Morris swapped the labels this was an appropriation. Two important points emerge from this case. (1) The assumption of any one of the rights of an owner amounts to an appropriation. (2) D may be guilty of theft although he does not intend by the act of appropriation itself to deprive P permanently of the property.<body><html>

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Question

The decision in [case], that appropriation is a neutral act, makes it possible for there to be theft of a gift.

Answer

R v Gomez [1993] 1 All ER 1 (HL)

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The decision in R v Gomez [1993] 1 All ER 1 (HL), that appropriation is a neutral act, makes it possible for there to be theft of a gift.

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Question

The decision in R v Gomez [1993] 1 All ER 1 (HL), that appropriation is a neutral act, makes it [...].

Answer

possible for there to be theft of a gift

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The decision in R v Gomez [1993] 1 All ER 1 (HL), that appropriation is a neutral act, makes it possible for there to be theft of a gift.

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Question

It is possible for there to be a theft of a gift.

Answer

R v Gomez [1993] 1 All ER 1 (HL)

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The decision in R v Gomez [1993] 1 All ER 1 (HL), that appropriation is a neutral act, makes it possible for there to be theft of a gift.

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Question

R v Hinks [2000] 4 All ER 833

Answer

FACTS: The defendant became friendly with a 53-year-old man of limited intelligence. Every day she took him to his building society and he withdrew the maximum daily amount of £300. She influenced, persuaded, or coerced him into giving her this money. Ultimately, he gave her £60,000. She was charged with theft. The trial judge directed the jury to consider the donor's state of mind when he gave the defendant the money and whether the defendant was dishonest. The defendant was convicted. She appealed against her conviction on the grounds that the trial judge had failed to clearly direct the jury that she could not be guilty of theft if the donor had made a valid gift to her. HELD: The House of Lords dismissed the appeal and held: (a) appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation; (b) therefore appropriation could take place with or without the consent of the owner; and (c) therefore a person could be guilty of stealing a valid inter vivos gift.

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R v Hinks [2000] 4 All ER 833 FACTS: The defendant became friendly with a 53-year-old man of limited intelligence. Every day she took him to his building society and he withdrew the maximum daily amount of £300. She

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R v Hinks [2000] 4 All ER 833 FACTS: The defendant became friendly with a 53-year-old man of limited intelligence. Every day she took him to his building society and he withdrew the maximum daily amount of £300. She influenced, persuaded, or coerced him into giving her this money. Ultimately, he gave her £60,000. She was charged with theft. The trial judge directed the jury to consider the donor's state of mind when he gave the defendant the money and whether the defendant was dishonest. The defendant was convicted. She appealed against her conviction on the grounds that the trial judge had failed to clearly direct the jury that she could not be guilty of theft if the donor had made a valid gift to her. HELD: The House of Lords dismissed the appeal and held: (a) appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation; (b) therefore appropriation could take place with or without the consent of the owner; and (c) therefore [...].

Answer

a person could be guilty of stealing a valid inter vivos gift

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ords dismissed the appeal and held: (a) appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation; (b) therefore appropriation could take place with or without the consent of the owner; and (c) therefore a person could be guilty of stealing a valid inter vivos gift.<body><html>

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R v Hinks [2000] 4 All ER 833 FACTS: The defendant became friendly with a 53-year-old man of limited intelligence. Every day she took him to his building society and he withdrew the maximum daily amount of £300. She influenced, persuaded, or coerced him into giving her this money. Ultimately, he gave her £60,000. She was charged with theft. The trial judge directed the jury to consider the donor's state of mind when he gave the defendant the money and whether the defendant was dishonest. The defendant was convicted. She appealed against her conviction on the grounds that the trial judge had failed to clearly direct the jury that she could not be guilty of theft if the donor had made a valid gift to her. HELD: The House of Lords dismissed the appeal and held: (a) appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation; (b) therefore [...]; and (c) therefore a person could be guilty of stealing a valid inter vivos gift.

Answer

appropriation could take place with or without the consent of the owner

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ould not be guilty of theft if the donor had made a valid gift to her. HELD: The House of Lords dismissed the appeal and held: (a) appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation; (b) therefore appropriation could take place with or without the consent of the owner; and (c) therefore a person could be guilty of stealing a valid inter vivos gift.<body><html>

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R v Hinks [2000] 4 All ER 833 FACTS: The defendant became friendly with a 53-year-old man of limited intelligence. Every day she took him to his building society and he withdrew the maximum daily amount of £300. She influenced, persuaded, or coerced him into giving her this money. Ultimately, he gave her £60,000. She was charged with theft. The trial judge directed the jury to consider the donor's state of mind when he gave the defendant the money and whether the defendant was dishonest. The defendant was convicted. She appealed against her conviction on the grounds that the trial judge had failed to clearly direct the jury that she could not be guilty of theft if the donor had made a valid gift to her. HELD: The House of Lords dismissed the appeal and held: (a) [...]; (b) therefore appropriation could take place with or without the consent of the owner; and (c) therefore a person could be guilty of stealing a valid inter vivos gift.

Answer

appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation

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aled against her conviction on the grounds that the trial judge had failed to clearly direct the jury that she could not be guilty of theft if the donor had made a valid gift to her. HELD: The House of Lords dismissed the appeal and held: (a) appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation; (b) therefore appropriation could take place with or without the consent of the owner; and (c) therefore a person could be guilty of stealing a valid inter vivos gift.</b

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Question

The TA 1968, s [...] exempts a defendant from liability for theft where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decides to keep it.

Answer

3(2)

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The TA 1968, s 3(2) exempts a defendant from liability for theft where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decid

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Question

The [statute] exempts a defendant from liability for theft where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decides to keep it.

Answer

TA 1968, s 3(2)

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The TA 1968, s 3(2) [...] where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decides to keep it.

Answer

exempts a defendant from liability for theft

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Question

The TA 1968, s 3(2) exempts a defendant from liability for theft where [...].

Answer

the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decides to keep it

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The TA 1968, s 3(2) exempts a defendant from liability for theft where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decides to keep it. Note that [...] precludes the protection afforded by the TA 1968, s 3(2).

Answer

mala fides (bad faith)

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n>The TA 1968, s 3(2) exempts a defendant from liability for theft where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decides to keep it. Note that mala fides (bad faith) precludes the protection afforded by the TA 1968, s 3(2).<body><html>

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Answer

precludes the protection afforded by the TA 1968, s 3(2)

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3(2) exempts a defendant from liability for theft where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decides to keep it. Note that mala fides (bad faith) precludes the protection afforded by the TA 1968, s 3(2).<body><html>

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The TA 1968, s [...] defines what property may be stolen. Generally, all property may be stolen, although there are certain exceptions in relation to land, things growing wild, and wild creatures.

Answer

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The TA 1968, s 4 defines what property may be stolen. Generally, all property may be stolen, although there are certain exceptions in relation to land, things growing wild, and wild creatures.</sp

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The [statute] defines what property may be stolen. Generally, all property may be stolen, although there are certain exceptions in relation to land, things growing wild, and wild creatures.

Answer

TA 1968, s 4

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The TA 1968, s 4 defines what property may be stolen. Generally, [...], although there are certain exceptions in relation to land, things growing wild, and wild creatures.

Answer

all property may be stolen

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The TA 1968, s 4 defines what property may be stolen. Generally, all property may be stolen, although there are certain exceptions in relation to [...].

Answer

land, things growing wild, and wild creatures

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Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belonging to the other.

Answer

TA 1968, s 5(3)

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bles the prosecution to prove that the property still belongs to another for the purposes of the Act, without the need to use the TA 1968, s 5(1), which could involve much more complex legal issues. The TA 1968, s 5(3) provides: 'Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belonging to the other.' <body><html>

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The TA 1968, s 5(3) enables the prosecution to prove that the property still belongs to another for the purposes of the Act, without the need to use the TA 1968, s 5(1), which could involve much more complex legal issues. The TA 1968, s 5(3) provides:

'Where a person [...], and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belonging to the other.'

Answer

receives property from or on account of another

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ution to prove that the property still belongs to another for the purposes of the Act, without the need to use the TA 1968, s 5(1), which could involve much more complex legal issues. The TA 1968, s 5(3) provides: 'Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belong

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'Where a person receives property from or on account of another, and [...], the property or proceeds shall be regarded (as against him) as belonging to the other.'

Answer

is under an obligation to the other to retain and deal with that property or its proceeds in a particular way

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ther for the purposes of the Act, without the need to use the TA 1968, s 5(1), which could involve much more complex legal issues. The TA 1968, s 5(3) provides: 'Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belonging to the other.' <body><html>

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'Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall [...]'

Answer

be regarded (as against him) as belonging to the other.

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, s 5(3) provides: 'Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belonging to the other.' <body><html>

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Question

R v Breaks and Huggan [1998] Crim LR 349

Answer

FACTS: The defendants (B and H) were the directors of an insurance brokerage company, which placed insurance on behalf of clients with Lloyds of London, through Lloyds' brokers. They failed to keep funds given to them by clients separate from their private funds and the company's account. They did not pay the money into a separate client account. The money was used for unauthorised purposes and the defendants were charged with theft. The prosecution alleged that while the money was in the defendants' account, they were under a legal obligation to forward this money on to the insurance brokers. Accordingly, under the TA 1968, s 5(3), the money still belonged to the clients and the defendants were guilty of stealing it when they dishonestly used it for an unauthorised purpose. The trial judge ruled that the object of the TA 1968, s 5(3) was to avoid the effects of civil law regarding the passing of title in money. The TA 1968, s 5(3) would effectively and automatically apply when money was given with the expectation that it would be used for a particular purpose. The accused were convicted and appealed to the Court of Appeal against their convictions. HELD: The Court of Appeal held that the TA 1968, s 5(3) had no automatic application. It was for the trial judge to decide, in each individual case, whether the accused was under a legal obligation according to civil law, to deal with the property in a particular way. B and H's convictions were quashed.

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R v Breaks and Huggan [1998] Crim LR 349 FACTS: The defendants (B and H) were the directors of an insurance brokerage company, which placed insurance on behalf of clients with Lloyds of London, through Lloyds' brokers. They f

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Question

R v Wain [1995] 2 Cr App R 660

Answer

FACTS: The defendant raised money in a telethon for a charity. He deposited the monies into a separate bank account, but when asked for the proceeds by the charity organisers he made excuses not to hand the money over and obtained permission to pay it into his own bank account. He then handed cheques drawn on his own account to the organisers but these were not met. At the same time, he was withdrawing money from the account for his own use. HELD: The Court of Appeal held:

'[B]y virtue of section 5(3), the appellant was plainly under an obligation to retain, if not the actual notes and coins, at least their proceeds, that is to say the money credited in the bank account which he opened for the trust with the actual property. When he took the money credited to that account and moved it over to his own bank account, it was still the proceeds of the notes and coins donated which he proceeded to use for his own purposes, thereby appropriating them.'

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R v Wain [1995] 2 Cr App R 660 FACTS: The defendant raised money in a telethon for a charity. He deposited the monies into a separate bank account, but when asked for the proceeds by the charity organisers he made exc

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Question

Moynes v Cooper [1956] 1 QB 439

Answer

FACTS: D, a labourer, had an advance on his wage. By mistake, the advance was not deducted from his wage packet at the end of the week. D discovered this when he arrived home and then decided to keep the full wages. HELD: His conviction for larceny was quashed. Ownership of the money passed when it was given to him. At this time he had not formed the dishonest intention to keep the money. The TA 1968, s 5(4) provides:

'Where a person gets property by another's mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds.'

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Moynes v Cooper [1956] 1 QB 439 FACTS: D, a labourer, had an advance on his wage. By mistake, the advance was not deducted from his wage packet at the end of the week. D discovered this when he arrived home and then de

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Question

Moynes v Cooper [1956] 1 QB 439 FACTS: D, a labourer, had an advance on his wage. By mistake, the advance was not deducted from his wage packet at the end of the week. D discovered this when he arrived home and then decided to keep the full wages. HELD: [...]. Ownership of the money passed when it was given to him. At this time he had not formed the dishonest intention to keep the money. The TA 1968, s 5(4) provides:

'Where a person gets property by another's mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds.'

Answer

His conviction for larceny was quashed

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oper [1956] 1 QB 439 FACTS: D, a labourer, had an advance on his wage. By mistake, the advance was not deducted from his wage packet at the end of the week. D discovered this when he arrived home and then decided to keep the full wages. HELD: His conviction for larceny was quashed. Ownership of the money passed when it was given to him. At this time he had not formed the dishonest intention to keep the money. The TA 1968, s 5(4) provides: 'Where a pe

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Moynes v Cooper [1956] 1 QB 439 FACTS: D, a labourer, had an advance on his wage. By mistake, the advance was not deducted from his wage packet at the end of the week. D discovered this when he arrived home and then decided to keep the full wages. HELD: His conviction for larceny was quashed. Ownership of the money passed when [...]. At this time he had not formed the dishonest intention to keep the money. The TA 1968, s 5(4) provides:

'Where a person gets property by another's mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds.'

Answer

it was given to him

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istake, the advance was not deducted from his wage packet at the end of the week. D discovered this when he arrived home and then decided to keep the full wages. HELD: His conviction for larceny was quashed. Ownership of the money passed when it was given to him. At this time he had not formed the dishonest intention to keep the money. The TA 1968, s 5(4) provides: 'Where a person gets property by another's mistake, and is under an

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Question

A-G's Reference (No 1 of 1983) [1984] 3 All ER 369

Answer

FACTS: The defendant, a policewoman, was mistakenly overpaid £74.74 for overtime that she had not worked and the money was credited to her bank account. At the original trial, the judge misdirected the jury to acquit the defendant, therefore the prosecution appealed to the Court of Appeal on a point of law. HELD: The Court of Appeal held that although ownership of the money had passed to the defendant, from the moment she became aware that the mistake had been made, she was under a legal obligation to restore the money. Consequently, by virtue of the TA 1968, s 5(4) [1988] Crim LR 465 for the purposes of the Theft Act 1968, the money would be regarded as belonging to the police authority.

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A-G's Reference (No 1 of 1983) [1984] 3 All ER 369 FACTS: The defendant, a policewoman, was mistakenly overpaid £74.74 for overtime that she had not worked and the money was credited to her bank account. At the original trial, the judg

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A-G's Reference (No 1 of 1983) [1984] 3 All ER 369 FACTS: The defendant, a policewoman, was mistakenly overpaid £74.74 for overtime that she had not worked and the money was credited to her bank account. At the original trial, the judge misdirected the jury to acquit the defendant, therefore the prosecution appealed to the Court of Appeal on a point of law. HELD: The Court of Appeal held that [...]. Consequently, by virtue of the TA 1968, s 5(4) [1988] Crim LR 465 for the purposes of the Theft Act 1968, the money would be regarded as belonging to the police authority.

Answer

although ownership of the money had passed to the defendant, from the moment she became aware that the mistake had been made, she was under a legal obligation to restore the money

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and the money was credited to her bank account. At the original trial, the judge misdirected the jury to acquit the defendant, therefore the prosecution appealed to the Court of Appeal on a point of law. HELD: The Court of Appeal held that although ownership of the money had passed to the defendant, from the moment she became aware that the mistake had been made, she was under a legal obligation to restore the money. Consequently, by virtue of the TA 1968, s 5(4) [1988] Crim LR 465 for the purposes of the Theft Act 1968, the money would be regarded as belonging to the police authority. </s

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A-G's Reference (No 1 of 1983) [1984] 3 All ER 369 FACTS: The defendant, a policewoman, was mistakenly overpaid £74.74 for overtime that she had not worked and the money was credited to her bank account. At the original trial, the judge misdirected the jury to acquit the defendant, therefore the prosecution appealed to the Court of Appeal on a point of law. HELD: The Court of Appeal held that although ownership of the money had passed to the defendant, from the moment she became aware that the mistake had been made, she was under a legal obligation to restore the money. Consequently, by virtue of the TA 1968, s 5(4) [1988] Crim LR 465 for the purposes of the Theft Act 1968, the money would be regarded as [...].

Answer

belonging to the police authority

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he became aware that the mistake had been made, she was under a legal obligation to restore the money. Consequently, by virtue of the TA 1968, s 5(4) [1988] Crim LR 465 for the purposes of the Theft Act 1968, the money would be regarded as belonging to the police authority. <body><html>

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The Act does not define intention to permanently deprive and [...]. The TA 1968, s 6 should not be referred to where it is clear that the defendant does intend the owner to lose his property permanently: R v Lloyd ([1985] 2 All ER 661.)

Answer

it should be given its ordinary everyday meaning

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The Act does not define intention to permanently deprive and it should be given its ordinary everyday meaning. The TA 1968, s 6 should not be referred to where it is clear that the defendant does intend the owner to lose his property permanently: R v Lloyd ([1985] 2 All ER 661.)

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The TA 1968, s 6 should not be referred to where it is clear that the defendant does intend the owner to lose his property permanently

Answer

R v Lloyd ([1985] 2 All ER 661

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The Act does not define intention to permanently deprive and it should be given its ordinary everyday meaning. The TA 1968, s 6 should not be referred to where [...]: R v Lloyd ([1985] 2 All ER 661.)

Answer

it is clear that the defendant does intend the owner to lose his property permanently

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R v Raphael [2008] EWCA Crim 1014

Answer

FACTS: The defendants had taken the victims' cars by force, demanding money in return for their return. HELD: The Divisional Court agreed that this situation was covered by the TA 1968, s 6(1).

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R v Raphael [2008] EWCA Crim 1014 FACTS: The defendants had taken the victims' cars by force, demanding money in return for their return. HELD: The Divisional Court agreed that this situation was covered by the TA 1968

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The dictionary definition accords with what had been stated previously by [who] in R v Lloyd ([1985] 2 All ER 661.). He said the first part of the TA 1968, s 6(1) covers situations where the defendant takes things and then offers them back to the owner to buy if he wishes. He said it also covers 'ransom cases' where D will only return the owner's property on the fulfilment of a condition.

Answer

Lord Lane

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The dictionary definition accords with what had been stated previously by Lord Lane in [case]. He said the first part of the TA 1968, s 6(1) covers situations where the defendant takes things and then offers them back to the owner to buy if he wishes. He said it also covers 'ransom cases' where D will only return the owner's property on the fulfilment of a condition.

Answer

R v Lloyd ([1985] 2 All ER 661.)

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The dictionary definition accords with what had been stated previously by Lord Lane in R v Lloyd ([1985] 2 All ER 661.). He said the first part of the TA 1968, s 6(1) covers situations where the defendant takes things and then offers them back to the owner to buy if he wishes. He said it also covers 'r

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The dictionary definition accords with what had been stated previously by Lord Lane in R v Lloyd ([1985] 2 All ER 661.). He said the first part of the TA 1968, s 6(1) covers situations where [...]. He said it also covers 'ransom cases' where D will only return the owner's property on the fulfilment of a condition.

Answer

the defendant takes things and then offers them back to the owner to buy if he wishes

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The dictionary definition accords with what had been stated previously by Lord Lane in R v Lloyd ([1985] 2 All ER 661.). He said the first part of the TA 1968, s 6(1) covers situations where the defendant takes things and then offers them back to the owner to buy if he wishes. He said it also covers [...].

Answer

'ransom cases' where D will only return the owner's property on the fulfilment of a condition

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reviously by Lord Lane in R v Lloyd ([1985] 2 All ER 661.). He said the first part of the TA 1968, s 6(1) covers situations where the defendant takes things and then offers them back to the owner to buy if he wishes. He said it also covers 'ransom cases' where D will only return the owner's property on the fulfilment of a condition.<body><html>

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The dictionary definition accords with what had been stated previously by Lord Lane in R v Lloyd ([1985] 2 All ER 661.). He said the first part of the TA 1968, s [...] covers situations where the defendant takes things and then offers them back to the owner to buy if he wishes. He said it also covers 'ransom cases' where D will only return the owner's property on the fulfilment of a condition.

Answer

6(1)

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The dictionary definition accords with what had been stated previously by Lord Lane in R v Lloyd ([1985] 2 All ER 661.). He said the first part of the [statute] covers situations where the defendant takes things and then offers them back to the owner to buy if he wishes. He said it also covers 'ransom cases' where D will only return the owner's property on the fulfilment of a condition.

Answer

TA 1968, s 6(1)

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R v Cahill [1993] Crim LR 141

Answer

FACTS: In this case, the defendant and his co-accused, Jenner, were returning home after a night out. Both defendants were intoxicated. Two plain-clothed officers watched the defendants as they headed down the street. Cahill stumbled over a pile of newspapers meant for the nearby newsagents. It was alleged by the prosecution that Jenner took one of the papers and that Cahill picked up the package of newspapers and walked off with them. Both men were immediately arrested and subsequently convicted of theft. Cahill argued that he thought that he had picked up a bag of rubbish and he was under the impression that it would be left on a friend's doorstep as a practical joke.
HELD: His conviction for theft was quashed, on the basis that the original trial judge misdirected the jury on the meaning of the TA 1968, s 6(1), by failing to mention the words 'to dispose of'. The Court of Appeal determined that the phrase 'to dispose of' limited the operation of the TA 1968, s 6(1) to where the accused intended to: 'To deal with definitely: to get rid of; to get done with, finish. To make over by way of sale or bargain, sell.'

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R v Cahill [1993] Crim LR 141 FACTS: In this case, the defendant and his co-accused, Jenner, were returning home after a night out. Both defendants were intoxicated. Two plain-clothed officers watched the defendants

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R v Cahill [1993] Crim LR 141 FACTS: In this case, the defendant and his co-accused, Jenner, were returning home after a night out. Both defendants were intoxicated. Two plain-clothed officers watched the defendants as they headed down the street. Cahill stumbled over a pile of newspapers meant for the nearby newsagents. It was alleged by the prosecution that Jenner took one of the papers and that Cahill picked up the package of newspapers and walked off with them. Both men were immediately arrested and subsequently convicted of theft. Cahill argued that he thought that he had picked up a bag of rubbish and he was under the impression that it would be left on a friend's doorstep as a practical joke.
HELD: His conviction for theft was [...], on the basis that the original trial judge misdirected the jury on the meaning of the TA 1968, s 6(1), by failing to mention the words 'to dispose of'. The Court of Appeal determined that the phrase 'to dispose of' limited the operation of the TA 1968, s 6(1) to where the accused intended to: 'To deal with definitely: to get rid of; to get done with, finish. To make over by way of sale or bargain, sell.'

Answer

quashed

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d subsequently convicted of theft. Cahill argued that he thought that he had picked up a bag of rubbish and he was under the impression that it would be left on a friend's doorstep as a practical joke. HELD: His conviction for theft was quashed, on the basis that the original trial judge misdirected the jury on the meaning of the TA 1968, s 6(1), by failing to mention the words 'to dispose of'. The Court of Appeal determined t

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R v Cahill [1993] Crim LR 141 FACTS: In this case, the defendant and his co-accused, Jenner, were returning home after a night out. Both defendants were intoxicated. Two plain-clothed officers watched the defendants as they headed down the street. Cahill stumbled over a pile of newspapers meant for the nearby newsagents. It was alleged by the prosecution that Jenner took one of the papers and that Cahill picked up the package of newspapers and walked off with them. Both men were immediately arrested and subsequently convicted of theft. Cahill argued that he thought that he had picked up a bag of rubbish and he was under the impression that it would be left on a friend's doorstep as a practical joke.
HELD: His conviction for theft was quashed, on the basis that the original trial judge misdirected the jury on the meaning of the TA 1968, s 6(1), by failing to mention the words 'to dispose of'. The Court of Appeal determined that the phrase 'to dispose of' limited the operation of the TA 1968, s 6(1) to where the accused intended to: [...]

Answer

'To deal with definitely: to get rid of; to get done with, finish. To make over by way of sale or bargain, sell.'

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ted the jury on the meaning of the TA 1968, s 6(1), by failing to mention the words 'to dispose of'. The Court of Appeal determined that the phrase 'to dispose of' limited the operation of the TA 1968, s 6(1) to where the accused intended to: 'To deal with definitely: to get rid of; to get done with, finish. To make over by way of sale or bargain, sell.'<body><html>

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A review of all the important cases on this element was undertaken by the Court of Appeal in R v Vinall. ([2011] EWCA 6252.) The court did not even mention the case of Lavender and it is no longer thought to be good law. Instead, in R v Vinall Pitchford LJ said:

'What section 6(1) requires is a state of mind in the defendant which Parliament regards as the equivalent of an intention permanently to deprive, namely "[...]". The subsection does not require that the thing has been disposed of, nor does it require that the defendant intends to dispose of the thing in any particular way. No doubt evidence of a particular disposal or a particular intention to dispose of the thing will constitute evidence of the defendant's state of mind but it is, in our view, for the jury to decide upon the circumstances proved whether the defendant harboured the statutory intention.'

Answer

his intention to treat the thing as his own to dispose of regardless of the other's rights

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ger thought to be good law. Instead, in R v Vinall Pitchford LJ said: 'What section 6(1) requires is a state of mind in the defendant which Parliament regards as the equivalent of an intention permanently to deprive, namely "his intention to treat the thing as his own to dispose of regardless of the other's rights". The subsection does not require that the thing has been disposed of, nor does it require that the defendant intends to dispose of the thing in any particular way. No doubt eviden

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What section 6(1) requires is a state of mind in the defendant which Parliament regards as the equivalent of an intention permanently to deprive, namely "his intention to treat the thing as his own to dispose of regardless of the other's rights".

Answer

R v Vinall

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A review of all the important cases on this element was undertaken by the Court of Appeal in R v Vinall. ([2011] EWCA 6252.) The court did not even mention the case of Lavender and it is no longer thought to be good law. Instead, in R v Vinall Pitchford LJ said: 'What section

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'What section 6(1) requires is a state of mind in the defendant which Parliament regards as the equivalent of an intention permanently to deprive, namely "his intention to treat the thing as his own to dispose of regardless of the other's rights". The subsection does not require that the thing has been disposed of, nor does it require that the defendant intends to dispose of the thing in any particular way. No doubt evidence of a particular disposal or a particular intention to dispose of the thing will constitute evidence of the defendant's state of mind but it is, in our view, for the jury to decide upon the circumstances proved whether the defendant harboured the statutory intention.'

Answer

Pitchford LJ

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review of all the important cases on this element was undertaken by the Court of Appeal in R v Vinall. ([2011] EWCA 6252.) The court did not even mention the case of Lavender and it is no longer thought to be good law. Instead, in R v Vinall Pitchford LJ said: 'What section 6(1) requires is a state of mind in the defendant which Parliament regards as the equivalent of an intention permanently to deprive, namely "his int

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So the question to ask where property has been borrowed is: '[...]' If the answer is 'yes', then this will be equivalent to an outright taking or disposal, which the TA 1968, s 6(1) states counts as treating it as his own to dispose of regardless of the other's rights, which is equivalent to having an intention to permanently deprive.

Answer

Was the intention to return it minus all its goodness, virtue and practical value?

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So the question to ask where property has been borrowed is: 'Was the intention to return it minus all its goodness, virtue and practical value?' If the answer is 'yes', then this will be equivalent to an outright taking or disposal, which the TA 1968, s 6(1) states counts as treating it as his own to dispose of regardless of

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So the question to ask where property has been borrowed is: 'Was the intention to return it minus all its goodness, virtue and practical value?' If the answer is 'yes', then [...], which the TA 1968, s 6(1) states counts as treating it as his own to dispose of regardless of the other's rights, which is equivalent to having an intention to permanently deprive.

Answer

this will be equivalent to an outright taking or disposal

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So the question to ask where property has been borrowed is: 'Was the intention to return it minus all its goodness, virtue and practical value?' If the answer is 'yes', then this will be equivalent to an outright taking or disposal, which the TA 1968, s 6(1) states counts as [...], which is equivalent to having an intention to permanently deprive.

Answer

treating it as his own to dispose of regardless of the other's rights

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y has been borrowed is: 'Was the intention to return it minus all its goodness, virtue and practical value?' If the answer is 'yes', then this will be equivalent to an outright taking or disposal, which the TA 1968, s 6(1) states counts as treating it as his own to dispose of regardless of the other's rights, which is equivalent to having an intention to permanently deprive.<body><html>

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So the question to ask where property has been borrowed is: 'Was the intention to return it minus all its goodness, virtue and practical value?' If the answer is 'yes', then this will be equivalent to an outright taking or disposal, which the TA 1968, s 6(1) states counts as treating it as his own to dispose of regardless of the other's rights, which is equivalent to [...].

Answer

having an intention to permanently deprive

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ctical value?' If the answer is 'yes', then this will be equivalent to an outright taking or disposal, which the TA 1968, s 6(1) states counts as treating it as his own to dispose of regardless of the other's rights, which is equivalent to having an intention to permanently deprive.<body><html>

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So the question to ask where property has been borrowed is: 'Was the intention to return it minus all its goodness, virtue and practical value?' If the answer is 'yes', then this will be equivalent to an outright taking or disposal, which the [statute] states counts as treating it as his own to dispose of regardless of the other's rights, which is equivalent to having an intention to permanently deprive.

Answer

TA 1968, s 6(1)

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the question to ask where property has been borrowed is: 'Was the intention to return it minus all its goodness, virtue and practical value?' If the answer is 'yes', then this will be equivalent to an outright taking or disposal, which the TA 1968, s 6(1) states counts as treating it as his own to dispose of regardless of the other's rights, which is equivalent to having an intention to permanently deprive.<body><html>

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The frustrating event that renders performance 'radically different' must occur [...]. The more unforeseeable the event is, the greater the likelihood that it will be deemed to render the contract 'radically different' from that which was contracted for.

Answer

after the formation of the contract

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The frustrating event that renders performance 'radically different' must occur after the formation of the contract. The more unforeseeable the event is, the greater the likelihood that it will be deemed to render the contract 'radically different' from that which was contracted for.</

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The overarching principle is that the contract is frustrated because performance would now be [...] from that which was contracted for.

Answer

'radically different'

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The overarching principle is that the contract is frustrated because performance would now be 'radically different' from that which was contracted for.

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The overarching principle is that the contract is frustrated because [...].

Answer

performance would now be 'radically different' from that which was contracted for

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The overarching principle is that the contract is frustrated because performance would now be 'radically different' from that which was contracted for.

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Case law shows that the doctrine of frustration may be invoked in circumstances where the contract becomes impossible to perform due to the total or partial destruction of some object necessary to the performance of the contract. In [case], the subject matter of the contract, i.e. the music hall, was destroyed making performance impossible.

Answer

Taylor v Caldwell

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n>Case law shows that the doctrine of frustration may be invoked in circumstances where the contract becomes impossible to perform due to the total or partial destruction of some object necessary to the performance of the contract. In Taylor v Caldwell, the subject matter of the contract, i.e. the music hall, was destroyed making performance impossible.<body><html>

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Case law shows that the doctrine of frustration may be invoked in circumstances where the contract becomes impossible to perform due to [...]. In Taylor v Caldwell, the subject matter of the contract, i.e. the music hall, was destroyed making performance impossible.

Answer

the total or partial destruction of some object necessary to the performance of the contract

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Case law shows that the doctrine of frustration may be invoked in circumstances where the contract becomes impossible to perform due to the total or partial destruction of some object necessary to the performance of the contract. In Taylor v Caldwell, the subject matter of the contract, i.e. the music hall, was destroyed making performance impossible.

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Case law shows that the doctrine of frustration may be invoked in circumstances where the contract becomes [...] to perform due to the total or partial destruction of some object necessary to the performance of the contract. In Taylor v Caldwell, the subject matter of the contract, i.e. the music hall, was destroyed making performance impossible.

Answer

impossible

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In [case], the music-hall artist 'Cheerful Charlie Chester' was called up for military service and the contract was frustrated.

Answer

Morgan v Manser [1948] 1 KB 183

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In Morgan v Manser [1948] 1 KB 183, the music-hall artist 'Cheerful Charlie Chester' was called up for military service and the contract was frustrated.

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Question

In Morgan v Manser [1948] 1 KB 183, the music-hall artist 'Cheerful Charlie Chester' was called up for military service and [outcome].

Answer

the contract was frustrated

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In Morgan v Manser [1948] 1 KB 183, the music-hall artist 'Cheerful Charlie Chester' was called up for military service and the contract was frustrated.

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Question

in [case], the drummer in a pop group was taken ill and only capable of working three or four nights a week, whereas the group had engagements for seven nights a week, such that the contract was frustrated because the drummer was not capable of performing the contract in the way intended.

Answer

Condor v The Barron Knights Ltd [1966] 1 WLR 87

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in Condor v The Barron Knights Ltd [1966] 1 WLR 87, the drummer in a pop group was taken ill and only capable of working three or four nights a week, whereas the group had engagements for seven nights a week, such that the contract was

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in Condor v The Barron Knights Ltd [1966] 1 WLR 87, the drummer in a pop group was taken ill and only capable of working three or four nights a week, whereas the group had engagements for seven nights a week, such that the contract [...] because the drummer was not capable of performing the contract in the way intended.

Answer

was frustrated

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span>in Condor v The Barron Knights Ltd [1966] 1 WLR 87, the drummer in a pop group was taken ill and only capable of working three or four nights a week, whereas the group had engagements for seven nights a week, such that the contract was frustrated because the drummer was not capable of performing the contract in the way intended.<body><html>

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Answer

the drummer was not capable of performing the contract in the way intended

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The Barron Knights Ltd [1966] 1 WLR 87, the drummer in a pop group was taken ill and only capable of working three or four nights a week, whereas the group had engagements for seven nights a week, such that the contract was frustrated because the drummer was not capable of performing the contract in the way intended.<body><html>

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in Condor v The Barron Knights Ltd [1966] 1 WLR 87, the drummer in a pop group was taken ill and only capable of working [...], whereas the group had engagements for seven nights a week, such that the contract was frustrated because the drummer was not capable of performing the contract in the way intended.

Answer

three or four nights a week

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in Condor v The Barron Knights Ltd [1966] 1 WLR 87, the drummer in a pop group was taken ill and only capable of working three or four nights a week, whereas the group had engagements for [...], such that the contract was frustrated because the drummer was not capable of performing the contract in the way intended.

Answer

seven nights a week

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in [case], the contract was frustrated when a pianist who was booked to perform a concert could not perform due to illness.

Answer

Robinson v Davison (1871) LR 6 Exch 269

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in Robinson v Davison (1871) LR 6 Exch 269, the contract was frustrated when a pianist who was booked to perform a concert could not perform due to illness.

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in Robinson v Davison (1871) LR 6 Exch 269, the contract [...] when a pianist who was booked to perform a concert could not perform due to illness.

Answer

was frustrated

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in Robinson v Davison (1871) LR 6 Exch 269, the contract was frustrated when a pianist who was booked to perform a concert could not perform due to illness.

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Frustration may also occur where a change in the law or state intervention renders performance illegal. A classic example is where war breaks out, and to continue performance would mean trading with the enemy, as in [case], where a contract for the sale of machinery to be shipped to Gdynia was frustrated when that port was occupied by the enemy during World War II.

Answer

Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32

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<head>Frustration may also occur where a change in the law or state intervention renders performance illegal. A classic example is where war breaks out, and to continue performance would mean trading with the enemy, as in Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32, where a contract for the sale of machinery to be shipped to Gdynia was frustrated when that port was occupied by the enemy during World War II.<html>

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Question

Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32

Answer

A contract for the sale of machinery to be shipped to Gdynia was frustrated when that port was occupied by the enemy during World War II.

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Question

The doctrine of frustration, as Viscount Simonds stated in Tsakiroglou Co Ltd v Noblee Thorl GmbH [1962] AC 93, 'must be applied [...]'.

Answer

within very narrow limits

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The doctrine of frustration, as Viscount Simonds stated in Tsakiroglou Co Ltd v Noblee Thorl GmbH [1962] AC 93, 'must be applied within very narrow limits'.

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Question

The doctrine of frustration, as Viscount Simonds stated in [case], 'must be applied within very narrow limits'.

Answer

Tsakiroglou Co Ltd v Noblee Thorl GmbH [1962] AC 93

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The doctrine of frustration, as Viscount Simonds stated in Tsakiroglou Co Ltd v Noblee Thorl GmbH [1962] AC 93, 'must be applied within very narrow limits'.

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Question

The doctrine of frustration, as [who] stated in Tsakiroglou Co Ltd v Noblee Thorl GmbH [1962] AC 93, 'must be applied within very narrow limits'.

Answer

Viscount Simonds

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The doctrine of frustration, as Viscount Simonds stated in Tsakiroglou Co Ltd v Noblee Thorl GmbH [1962] AC 93, 'must be applied within very narrow limits'.

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Question

The general rules applicable to the doctrine of frustration only apply if something happens where [...]. The doctrine of frustration is a means of allocating unforeseen risks. If you could have foreseen an event, but failed to make provision for it in your contract, the doctrine of frustration will not apply.

Answer

the contract is silent on the point

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The general rules applicable to the doctrine of frustration only apply if something happens where the contract is silent on the point. The doctrine of frustration is a means of allocating unforeseen risks. If you could have foreseen an event, but failed to make provision for it in your contract, the doctrine of frus

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The general rules applicable to the doctrine of frustration only apply if something happens where the contract is silent on the point. The doctrine of frustration is a means of allocating unforeseen risks. If you could have foreseen an event, but failed to make provision for it in your contract, [...].

Answer

the doctrine of frustration will not apply

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on only apply if something happens where the contract is silent on the point. The doctrine of frustration is a means of allocating unforeseen risks. If you could have foreseen an event, but failed to make provision for it in your contract, the doctrine of frustration will not apply.<body><html>

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Question

Walton Harvey Ltd v Walker & Homfrays Ltd [1931] 1 Ch 274

Answer

the defendants agreed to allow an advertising sign to be displayed on their hotel for a period of seven years. Before the seven years had expired, the local authority demolished the hotel. The defendants maintained that this event frustrated the contract. It was held that the defendants were liable in damages. They knew of the risk of the local authority demolishing the hotel and could have made provision for that in the contract.

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In Walton Harvey Ltd v Walker & Homfrays Ltd [1931] 1 Ch 274, the defendants agreed to allow an advertising sign to be displayed on their hotel for a period of seven years. Before the seven years had expired, the local authority demolished the

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In [case], the defendants agreed to allow an advertising sign to be displayed on their hotel for a period of seven years. Before the seven years had expired, the local authority demolished the hotel. The defendants maintained that this event frustrated the contract. It was held that the defendants were liable in damages. They knew of the risk of the local authority demolishing the hotel and could have made provision for that in the contract.

Answer

Walton Harvey Ltd v Walker & Homfrays Ltd [1931] 1 Ch 274

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In Walton Harvey Ltd v Walker & Homfrays Ltd [1931] 1 Ch 274, the defendants agreed to allow an advertising sign to be displayed on their hotel for a period of seven years. Before the seven years had expired, the local authority demolished the hotel. The defendants maintained that this event frustrated the contract. It was held that [...]. They knew of the risk of the local authority demolishing the hotel and could have made provision for that in the contract.

Answer

the defendants were liable in damages

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n advertising sign to be displayed on their hotel for a period of seven years. Before the seven years had expired, the local authority demolished the hotel. The defendants maintained that this event frustrated the contract. It was held that the defendants were liable in damages. They knew of the risk of the local authority demolishing the hotel and could have made provision for that in the contract.<body><html>

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Answer

They knew of the risk of the local authority demolishing the hotel and could have made provision for that in the contract

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eir hotel for a period of seven years. Before the seven years had expired, the local authority demolished the hotel. The defendants maintained that this event frustrated the contract. It was held that the defendants were liable in damages. They knew of the risk of the local authority demolishing the hotel and could have made provision for that in the contract.<body><html>

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At common law, when a frustrating event occurs, the contract is [...], irrespective of the wishes of the parties. Consequently, rights which accrued before the frustrating event are enforceable, but no liability arises for obligations that would otherwise have accrued after the frustrating event took place. The operation of the rules at common law is perfectly illustrated by looking again at the 'Coronation Cases' Krell v Henry and Chandler v Webster.

Answer

terminated at the date of the frustrating event

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At common law, when a frustrating event occurs, the contract is terminated at the date of the frustrating event, irrespective of the wishes of the parties. Consequently, [...], but no liability arises for obligations that would otherwise have accrued after the frustrating event took place. The operation of the rules at common law is perfectly illustrated by looking again at the 'Coronation Cases' Krell v Henry and Chandler v Webster.

Answer

rights which accrued before the frustrating event are enforceable

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At common law, when a frustrating event occurs, the contract is terminated at the date of the frustrating event, irrespective of the wishes of the parties. Consequently, rights which accrued before the frustrating event are enforceable, but no liability arises for obligations that would otherwise have accrued after the frustrating event took place. The operation of the rules at common law is perfectly illustrated by

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Question

At common law, when a frustrating event occurs, the contract is terminated at the date of the frustrating event, irrespective of the wishes of the parties. Consequently, rights which accrued before the frustrating event are enforceable, but [...]. The operation of the rules at common law is perfectly illustrated by looking again at the 'Coronation Cases' Krell v Henry and Chandler v Webster.

Answer

no liability arises for obligations that would otherwise have accrued after the frustrating event took place

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At common law, when a frustrating event occurs, the contract is terminated at the date of the frustrating event, irrespective of the wishes of the parties. Consequently, rights which accrued before the frustrating event are enforceable, but no liability arises for obligations that would otherwise have accrued after the frustrating event took place. The operation of the rules at common law is perfectly illustrated by looking again at the 'Coronation Cases' Krell v Henry and Chandler v Webster.<body><html>

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Question

At common law, when a frustrating event occurs, the contract is terminated at the date of the frustrating event, irrespective of the wishes of the parties. Consequently, rights which accrued before the frustrating event are enforceable, but no liability arises for obligations that would otherwise have accrued after the frustrating event took place. The operation of the rules at common law is perfectly illustrated by looking again at the 'Coronation Cases' [case] and Chandler v Webster.

Answer

Krell v Henry

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are enforceable, but no liability arises for obligations that would otherwise have accrued after the frustrating event took place. The operation of the rules at common law is perfectly illustrated by looking again at the 'Coronation Cases' Krell v Henry and Chandler v Webster.<body><html>

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Question

At common law, when a frustrating event occurs, the contract is terminated at the date of the frustrating event, irrespective of the wishes of the parties. Consequently, rights which accrued before the frustrating event are enforceable, but no liability arises for obligations that would otherwise have accrued after the frustrating event took place. The operation of the rules at common law is perfectly illustrated by looking again at the 'Coronation Cases' Krell v Henry and [case].

Answer

Chandler v Webster

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ut no liability arises for obligations that would otherwise have accrued after the frustrating event took place. The operation of the rules at common law is perfectly illustrated by looking again at the 'Coronation Cases' Krell v Henry and Chandler v Webster.<body><html>

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Question

At common law, when a frustrating event occurs, the contract is terminated at the date of the frustrating event, irrespective of the wishes of the parties. Consequently, rights which accrued before the frustrating event are enforceable, but no liability arises for obligations that would otherwise have accrued after the frustrating event took place. The operation of the rules at common law is perfectly illustrated by looking again at the 'Coronation Cases' [cases (2)].

Answer

Krell v Henry and Chandler v Webster

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In [case] the House of Lords addressed the apparent injustice of this situation and stated that where there had been a total failure of consideration, then money already paid could be recovered and money due and payable need not be paid.

Answer

Fibrosa

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In Fibrosa the House of Lords addressed the apparent injustice of this situation and stated that where there had been a total failure of consideration, then money already paid could be recovered an

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In Fibrosa the House of Lords addressed the apparent injustice of this situation and stated that where there had been a total failure of consideration, then [...].

Answer

money already paid could be recovered and money due and payable need not be paid

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In Fibrosa the House of Lords addressed the apparent injustice of this situation and stated that where there had been a [...], then money already paid could be recovered and money due and payable need not be paid.

Answer

total failure of consideration

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In [case], Lord Goff explained the test for total failure of consideration:

I start from the position that failure of consideration does not depend upon the question whether the promisee has or has not received anything under the contract … In truth, the test is not whether the promisee has received a specific benefit, but rather whether the promisor has performed any part of the contractual duties in respect of which the payment is due.

Answer

Stocznia Gdanska SA v Latvian Shipping Co [1998] 1 WLR 574

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In Stocznia Gdanska SA v Latvian Shipping Co [1998] 1 WLR 574, Lord Goff explained the test for total failure of consideration: I start from the position that failure of consideration does not depend upon the question whether the prom

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In Stocznia Gdanska SA v Latvian Shipping Co [1998] 1 WLR 574, [who] explained the test for total failure of consideration:

I start from the position that failure of consideration does not depend upon the question whether the promisee has or has not received anything under the contract … In truth, the test is not whether the promisee has received a specific benefit, but rather whether the promisor has performed any part of the contractual duties in respect of which the payment is due.

Answer

Lord Goff

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Question

In Stocznia Gdanska SA v Latvian Shipping Co [1998] 1 WLR 574, Lord Goff explained the test for total failure of consideration:

I start from the position that failure of consideration does not depend upon the question whether the promisee has or has not received anything under the contract … In truth, the test is not whether the promisee has received a specific benefit, but rather [...].

Answer

whether the promisor has performed any part of the contractual duties in respect of which the payment is due

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the position that failure of consideration does not depend upon the question whether the promisee has or has not received anything under the contract … In truth, the test is not whether the promisee has received a specific benefit, but rather whether the promisor has performed any part of the contractual duties in respect of which the payment is due.<body><html>

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In Stocznia Gdanska SA v Latvian Shipping Co [1998] 1 WLR 574, Lord Goff explained the test for [...]:

I start from the position that failure of consideration does not depend upon the question whether the promisee has or has not received anything under the contract … In truth, the test is not whether the promisee has received a specific benefit, but rather whether the promisor has performed any part of the contractual duties in respect of which the payment is due.

Answer

total failure of consideration

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Where there is a partial failure of consideration, the common law rules in [case] would still apply.

Answer

Krell and Chandler

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Where there is a partial failure of consideration, the common law rules in Krell and Chandler would still apply.

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Question

Where there is a [...], the common law rules in Krell and Chandler would still apply.

Answer

partial failure of consideration

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Where there is a partial failure of consideration, the common law rules in Krell and Chandler would still apply.

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On the basis of these rules, it is important to note the following: that sum retained or recovered to account for the expenses may not be the actual expenses incurred but only [...] having regard to all the circumstances of the case. Note also that the sum awarded cannot exceed the amount of the actual expenses incurred. Furthermore, if nothing was paid or payable before the frustrating event, the party will not be able to get any expenses at all.

Answer

what the court considers to be a just sum

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On the basis of these rules, it is important to note the following: that sum retained or recovered to account for the expenses may not be the actual expenses incurred but only what the court considers to be a just sum having regard to all the circumstances of the case. Note also that the sum awarded cannot exceed the amount of the actual expenses incurred. Furthermore, if nothing was paid or payable

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Question

On the basis of these rules, it is important to note the following: that sum retained or recovered to account for the expenses may not be the actual expenses incurred but only what the court considers to be a just sum having regard to all the circumstances of the case. Note also that the sum awarded cannot exceed [...]. Furthermore, if nothing was paid or payable before the frustrating event, the party will not be able to get any expenses at all.

Answer

the amount of the actual expenses incurred

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m retained or recovered to account for the expenses may not be the actual expenses incurred but only what the court considers to be a just sum having regard to all the circumstances of the case. Note also that the sum awarded cannot exceed the amount of the actual expenses incurred. Furthermore, if nothing was paid or payable before the frustrating event, the party will not be able to get any expenses at all.<body><html>

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On the basis of these rules, it is important to note the following: that sum retained or recovered to account for the expenses may not be the actual expenses incurred but only what the court considers to be a just sum having regard to all the circumstances of the case. Note also that the sum awarded cannot exceed the amount of the actual expenses incurred. Furthermore, if nothing was paid or payable before the frustrating event, the party [...].

Answer

will not be able to get any expenses at all

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o be a just sum having regard to all the circumstances of the case. Note also that the sum awarded cannot exceed the amount of the actual expenses incurred. Furthermore, if nothing was paid or payable before the frustrating event, the party will not be able to get any expenses at all.<body><html>

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On the basis of these rules, it is important to note the following: that sum retained or recovered to account for the expenses may not be the actual expenses incurred but only what the court considers to be a just sum having regard to all the circumstances of the case. Note also that the sum awarded cannot exceed the amount of the actual expenses incurred. Furthermore, [...], the party will not be able to get any expenses at all.

Answer

if nothing was paid or payable before the frustrating event

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not be the actual expenses incurred but only what the court considers to be a just sum having regard to all the circumstances of the case. Note also that the sum awarded cannot exceed the amount of the actual expenses incurred. Furthermore, if nothing was paid or payable before the frustrating event, the party will not be able to get any expenses at all.<body><html>

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The court therefore has a 'broad discretion' when considering whether and how much to allow the payee to retain or recover to account for his expenses under the Law Reform (Frustrated Contracts) Act 1943 s [...] (provided it does not exceed the actual expenses incurred or the sums paid or payable in advance of the frustrating event).

Answer

1(2)

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tml>The court therefore has a 'broad discretion' when considering whether and how much to allow the payee to retain or recover to account for his expenses under the Law Reform (Frustrated Contracts) Act 1943 s 1(2) (provided it does not exceed the actual expenses incurred or the sums paid or payable in advance of the frustrating event).<html>

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The court therefore has a 'broad discretion' when considering whether and how much to allow the payee to retain or recover to account for his expenses under the Law Reform (Frustrated Contracts) Act [year] s 1(2) (provided it does not exceed the actual expenses incurred or the sums paid or payable in advance of the frustrating event).

Answer

1943

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The court therefore has a 'broad discretion' when considering whether and how much to allow the payee to retain or recover to account for his expenses under the Law Reform (Frustrated Contracts) Act 1943 s 1(2) (provided it does not exceed the actual expenses incurred or the sums paid or payable in advance of the frustrating event).

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The court therefore has a 'broad discretion' when considering whether and how much to allow the payee to retain or recover to account for his expenses under the [statute] (provided it does not exceed the actual expenses incurred or the sums paid or payable in advance of the frustrating event).

Answer

Law Reform (Frustrated Contracts) Act 1943 s 1(2)

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Where the benefit conferred before the frustrating event occurs is [...], the Law Reform (Frustrated Contracts) Act 1943 s 1(3) may be of some assistance. It provides that a party who has gained a valuable benefit under the contract before the frustrating event, may be required to pay a just sum for it. The task for the court when applying this subsection is, first, to identify and value the benefit conferred, and then, second, to make an assessment of the just sum that should be awarded. The amount awarded cannot exceed the value of the benefit obtained. Provided the court does not award more than this amount, the court may award whatever sum is just having regard to all the circumstances of the case and, in particular s 1(3)(a) and (b).

Answer

a non-monetary benefit

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Where the benefit conferred [...] is a non-monetary benefit, the Law Reform (Frustrated Contracts) Act 1943 s 1(3) may be of some assistance. It provides that a party who has gained a valuable benefit under the contract before the frustrating event, may be required to pay a just sum for it. The task for the court when applying this subsection is, first, to identify and value the benefit conferred, and then, second, to make an assessment of the just sum that should be awarded. The amount awarded cannot exceed the value of the benefit obtained. Provided the court does not award more than this amount, the court may award whatever sum is just having regard to all the circumstances of the case and, in particular s 1(3)(a) and (b).

Answer

before the frustrating event occurs

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Where the benefit conferred before the frustrating event occurs is a non-monetary benefit, the Law Reform (Frustrated Contracts) Act 1943 s [...] may be of some assistance. It provides that a party who has gained a valuable benefit under the contract before the frustrating event, may be required to pay a just sum for it. The task for the court when applying this subsection is, first, to identify and value the benefit conferred, and then, second, to make an assessment of the just sum that should be awarded. The amount awarded cannot exceed the value of the benefit obtained. Provided the court does not award more than this amount, the court may award whatever sum is just having regard to all the circumstances of the case and, in particular s 1(3)(a) and (b).

Answer

1(3)

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Where the benefit conferred before the frustrating event occurs is a non-monetary benefit, the Law Reform (Frustrated Contracts) Act 1943 s 1(3) may be of some assistance. It provides that a party who has gained a valuable benefit under the contract before the frustrating event, may be required to pay a just sum for it. The tas

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Where the benefit conferred before the frustrating event occurs is a non-monetary benefit, the Law Reform (Frustrated Contracts) Act [year] s 1(3) may be of some assistance. It provides that a party who has gained a valuable benefit under the contract before the frustrating event, may be required to pay a just sum for it. The task for the court when applying this subsection is, first, to identify and value the benefit conferred, and then, second, to make an assessment of the just sum that should be awarded. The amount awarded cannot exceed the value of the benefit obtained. Provided the court does not award more than this amount, the court may award whatever sum is just having regard to all the circumstances of the case and, in particular s 1(3)(a) and (b).

Answer

1943

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Where the benefit conferred before the frustrating event occurs is a non-monetary benefit, the [statute] may be of some assistance. It provides that a party who has gained a valuable benefit under the contract before the frustrating event, may be required to pay a just sum for it. The task for the court when applying this subsection is, first, to identify and value the benefit conferred, and then, second, to make an assessment of the just sum that should be awarded. The amount awarded cannot exceed the value of the benefit obtained. Provided the court does not award more than this amount, the court may award whatever sum is just having regard to all the circumstances of the case and, in particular s 1(3)(a) and (b).

Answer

Law Reform (Frustrated Contracts) Act 1943 s 1(3)

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Where the benefit conferred before the frustrating event occurs is a non-monetary benefit, the Law Reform (Frustrated Contracts) Act 1943 s 1(3) may be of some assistance. It provides that a party who [...] before the frustrating event, may be required to pay a just sum for it. The task for the court when applying this subsection is, first, to identify and value the benefit conferred, and then, second, to make an assessment of the just sum that should be awarded. The amount awarded cannot exceed the value of the benefit obtained. Provided the court does not award more than this amount, the court may award whatever sum is just having regard to all the circumstances of the case and, in particular s 1(3)(a) and (b).

Answer

has gained a valuable benefit under the contract

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Where the benefit conferred before the frustrating event occurs is a non-monetary benefit, the Law Reform (Frustrated Contracts) Act 1943 s 1(3) may be of some assistance. It provides that a party who has gained a valuable benefit under the contract [...], may be required to pay a just sum for it. The task for the court when applying this subsection is, first, to identify and value the benefit conferred, and then, second, to make an assessment of the just sum that should be awarded. The amount awarded cannot exceed the value of the benefit obtained. Provided the court does not award more than this amount, the court may award whatever sum is just having regard to all the circumstances of the case and, in particular s 1(3)(a) and (b).

Answer

before the frustrating event

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benefit conferred before the frustrating event occurs is a non-monetary benefit, the Law Reform (Frustrated Contracts) Act 1943 s 1(3) may be of some assistance. It provides that a party who has gained a valuable benefit under the contract before the frustrating event, may be required to pay a just sum for it. The task for the court when applying this subsection is, first, to identify and value the benefit conferred, and then, second, to make an as

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Where the benefit conferred before the frustrating event occurs is a non-monetary benefit, the Law Reform (Frustrated Contracts) Act 1943 s 1(3) may be of some assistance. It provides that a party who has gained a valuable benefit under the contract before the frustrating event, [...]. The task for the court when applying this subsection is, first, to identify and value the benefit conferred, and then, second, to make an assessment of the just sum that should be awarded. The amount awarded cannot exceed the value of the benefit obtained. Provided the court does not award more than this amount, the court may award whatever sum is just having regard to all the circumstances of the case and, in particular s 1(3)(a) and (b).

Answer

may be required to pay a just sum for it

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rustrating event occurs is a non-monetary benefit, the Law Reform (Frustrated Contracts) Act 1943 s 1(3) may be of some assistance. It provides that a party who has gained a valuable benefit under the contract before the frustrating event, may be required to pay a just sum for it. The task for the court when applying this subsection is, first, to identify and value the benefit conferred, and then, second, to make an assessment of the just sum that should be aw

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The leading case on the interpretation of the Law Reform (Frustrated Contracts) Act 1943 s 1(3) is [case].

Answer

BP Exploration Co (Libya) Ltd v Hunt (No 2) [1982] 1 All ER 925

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The leading case on the interpretation of the Law Reform (Frustrated Contracts) Act 1943 s 1(3) is BP Exploration Co (Libya) Ltd v Hunt (No 2) [1982] 1 All ER 925.

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The modern definition of frustration is provided by [who] in Davis Contractors v Fareham Urban District Council [1956] AC 696:

Frustration occurs whenever the law recognises that, without default of either party, a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render it a thing radically different from that which was undertaken by the contract ... It was not this that I promised to do.

Answer

Lord Radcliffe

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The modern definition of frustration is provided by Lord Radcliffe in [case]:

Frustration occurs whenever the law recognises that, without default of either party, a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render it a thing radically different from that which was undertaken by the contract ... It was not this that I promised to do.

Answer

Davis Contractors v Fareham Urban District Council [1956] AC 696

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Question

The modern definition of frustration is provided by Lord Radcliffe in Davis Contractors v Fareham Urban District Council [1956] AC 696:

Frustration occurs whenever the law recognises that, [...], a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render it a thing radically different from that which was undertaken by the contract ... It was not this that I promised to do.

Answer

without default of either party

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The modern definition of frustration is provided by Lord Radcliffe in Davis Contractors v Fareham Urban District Council [1956] AC 696: Frustration occurs whenever the law recognises that, without default of either party, a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render it a thing radically different from that whic

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The modern definition of frustration is provided by Lord Radcliffe in Davis Contractors v Fareham Urban District Council [1956] AC 696:

Frustration occurs whenever the law recognises that, without default of either party, a [...] because the circumstances in which performance is called for would render it a thing radically different from that which was undertaken by the contract ... It was not this that I promised to do.

Answer

contractual obligation has become incapable of being performed

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The modern definition of frustration is provided by Lord Radcliffe in Davis Contractors v Fareham Urban District Council [1956] AC 696:

Frustration occurs whenever the law recognises that, without default of either party, a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render it [...] ... It was not this that I promised to do.

Answer

a thing radically different from that which was undertaken by the contract

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: Frustration occurs whenever the law recognises that, without default of either party, a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render it a thing radically different from that which was undertaken by the contract ... It was not this that I promised to do. <body><html>

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If a contract is frustrated, [...]: the parties have no choice in the matter. Frustration may be raised as a defence to an action for breach of contract. A good example is provided by the case of Taylor v Caldwell (1863) 3 B & S 826.

Answer

it is brought to an end automatically

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If a contract is frustrated, it is brought to an end automatically: the parties have no choice in the matter. Frustration may be raised as a defence to an action for breach of contract. A good example is provided by the case of Taylor v Caldwell (186

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If a contract is frustrated, it is brought to an end automatically: the parties have no choice in the matter. Frustration may be raised as [...]. A good example is provided by the case of Taylor v Caldwell (1863) 3 B & S 826.

Answer

a defence to an action for breach of contract

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If a contract is frustrated, it is brought to an end automatically: the parties have no choice in the matter. Frustration may be raised as a defence to an action for breach of contract. A good example is provided by the case of [case].

Answer

Taylor v Caldwell (1863) 3 B & S 826

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>If a contract is frustrated, it is brought to an end automatically: the parties have no choice in the matter. Frustration may be raised as a defence to an action for breach of contract. A good example is provided by the case of Taylor v Caldwell (1863) 3 B & S 826.<body><html>

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Jackson v Union Marine Insurance Co Ltd (1874) LR 10 CP 125

Answer

A ship was chartered to proceed with all possible dispatch from Liverpool to Newport and there to load a cargo to be shipped to San Francisco. The ship ran aground one day out of Liverpool and was not ready to load until eight months later. The contract had not imposed any particular time limit for performance but the court held there was an implied term regarding completion within a reasonable time so that the contract was frustrated because of such a long delay. However, the question is again one of degree and where a charterparty is to run for a specified period of time the contract will only be frustrated if the requisition takes up a disproportionate amount of the whole contract period.

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In Jackson v Union Marine Insurance Co Ltd (1874) LR 10 CP 125, a ship was chartered to proceed with all possible dispatch from Liverpool to Newport and there to load a cargo to be shipped to San Francisco. The ship ran aground one day out of Liv

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In [case], a ship was chartered to proceed with all possible dispatch from Liverpool to Newport and there to load a cargo to be shipped to San Francisco. The ship ran aground one day out of Liverpool and was not ready to load until eight months later. The contract had not imposed any particular time limit for performance but the court held there was an implied term regarding completion within a reasonable time so that the contract was frustrated because of such a long delay. However, the question is again one of degree and where a charterparty is to run for a specified period of time the contract will only be frustrated if the requisition takes up a disproportionate amount of the whole contract period.

Answer

Jackson v Union Marine Insurance Co Ltd (1874) LR 10 CP 125

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In Jackson v Union Marine Insurance Co Ltd (1874) LR 10 CP 125, a ship was chartered to proceed with all possible dispatch from Liverpool to Newport and there to load a cargo to be shipped to San Francisco. The ship ran aground one day out of Liverpool and was not ready to load until [...] later. The contract had not imposed any particular time limit for performance but the court held there was an implied term regarding completion within a reasonable time so that the contract was frustrated because of such a long delay. However, the question is again one of degree and where a charterparty is to run for a specified period of time the contract will only be frustrated if the requisition takes up a disproportionate amount of the whole contract period.

Answer

eight months

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874) LR 10 CP 125, a ship was chartered to proceed with all possible dispatch from Liverpool to Newport and there to load a cargo to be shipped to San Francisco. The ship ran aground one day out of Liverpool and was not ready to load until eight months later. The contract had not imposed any particular time limit for performance but the court held there was an implied term regarding completion within a reasonable time so that the con

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In Jackson v Union Marine Insurance Co Ltd (1874) LR 10 CP 125, a ship was chartered to proceed with all possible dispatch from Liverpool to Newport and there to load a cargo to be shipped to San Francisco. The ship ran aground one day out of Liverpool and was not ready to load until eight months later. The contract had not imposed any particular time limit for performance but the court held there was an implied term regarding completion within a reasonable time so that the contract was frustrated because of such a long delay. However, the question is again one of degree and where a charterparty is to run for a specified period of time the contract will only be frustrated if [...].

Answer

the requisition takes up a disproportionate amount of the whole contract period

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thin a reasonable time so that the contract was frustrated because of such a long delay. However, the question is again one of degree and where a charterparty is to run for a specified period of time the contract will only be frustrated if the requisition takes up a disproportionate amount of the whole contract period. <body><html>

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The matter of illegality was summed up rather neatly by [who] in Denny, Mott & Dickson v James B. Fraser & Co Ltd [1944] AC 265, where he stated: 'It is plain that a contract to do what it has become illegal to do cannot be legally enforceable.'

Answer

Lord Macmillan

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The matter of illegality was summed up rather neatly by Lord Macmillan in Denny, Mott & Dickson v James B. Fraser & Co Ltd [1944] AC 265, where he stated: 'It is plain that a contract to do what it has become illegal to do cannot be legally enforcea

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The matter of illegality was summed up rather neatly by Lord Macmillan in [case], where he stated: 'It is plain that a contract to do what it has become illegal to do cannot be legally enforceable.'

Answer

Denny, Mott & Dickson v James B. Fraser & Co Ltd [1944] AC 265

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Where the [...] for which the contract was entered into can no longer be carried out because of some supervening event, the contract may be frustrated despite the fact that it is still physically possible to carry out the contract. This is demonstrated by a number of cases know collectively as the 'Coronation Cases'. It is important to remember that it must be the joint purpose of the parties. It is not enough that it is the purpose of just one party.

Answer

common purpose

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Where the common purpose for which the contract was entered into can no longer be carried out because of some supervening event, the contract may be frustrated despite the fact that it is still physically poss

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Where the common purpose for which the contract was entered into can no longer be carried out because of some supervening event, the contract may be frustrated despite the fact that it is still physically possible to carry out the contract. This is demonstrated by a number of cases know collectively as the '[...]'. It is important to remember that it must be the joint purpose of the parties. It is not enough that it is the purpose of just one party.

Answer

Coronation Cases

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no longer be carried out because of some supervening event, the contract may be frustrated despite the fact that it is still physically possible to carry out the contract. This is demonstrated by a number of cases know collectively as the 'Coronation Cases'. It is important to remember that it must be the joint purpose of the parties. It is not enough that it is the purpose of just one party.<body><html>

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Where the common purpose for which the contract was entered into can no longer be carried out because of some supervening event, the contract may be frustrated despite the fact that it is still physically possible to carry out the contract. This is demonstrated by a number of cases know collectively as the 'Coronation Cases'. It is important to remember that [...]. It is not enough that it is the purpose of just one party.

Answer

it must be the joint purpose of the parties

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g event, the contract may be frustrated despite the fact that it is still physically possible to carry out the contract. This is demonstrated by a number of cases know collectively as the 'Coronation Cases'. It is important to remember that it must be the joint purpose of the parties. It is not enough that it is the purpose of just one party.<body><html>

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Krell v Henry [1903] 2 KB 740

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FACTS: By a written contract, the defendant agreed to hire a third floor flat on Pall Mall from the plaintiff for 26 and 27 June 1902. The purpose in hiring the room was to view the coronation procession that was to pass along the street below on those dates. However, no express mention was made of this in the contract. King Edward VII fell ill and processions did not take place on the days appointed. The defendant refused to pay the balance of the agreement, denied liability and counter-claimed the money paid as a deposit. The Court of Appeal held that the contract was frustrated. There was a necessary inference from the circumstances, recognised by both parties, that the coronation procession, and the relative position of the rooms was the foundation of the contract which was frustrated by the King's illness. Vaughan Williams LJ stated:

Each case must be judged by its own circumstances. In each case one must ask oneself, first, what, having regard to all the circumstances, was the foundation of the contract? Secondly, was the performance of the contract prevented? Thirdly, was the event which prevented the performance of the contract of such a character that it cannot reasonably be said to have been in the contemplation of the parties at the date of the contract? If all these questions are answered in the affirmative (as I think they should be in this case), I think both parties are discharged from further performance of the contract.

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Krell v Henry [1903] 2 KB 740 FACTS: By a written contract, the defendant agreed to hire a third floor flat on Pall Mall from the plaintiff for 26 and 27 June 1902. The purpose in hiring the room was to view the coro

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Krell v Henry [1903] 2 KB 740 FACTS: By a written contract, the defendant agreed to hire a third floor flat on Pall Mall from the plaintiff for 26 and 27 June 1902. The purpose in hiring the room was to view the coronation procession that was to pass along the street below on those dates. However, no express mention was made of this in the contract. King Edward VII fell ill and processions did not take place on the days appointed. The defendant refused to pay the balance of the agreement, denied liability and counter-claimed the money paid as a deposit. The Court of Appeal held [...]. There was a necessary inference from the circumstances, recognised by both parties, that the coronation procession, and the relative position of the rooms was the foundation of the contract which was frustrated by the King's illness. Vaughan Williams LJ stated:

Each case must be judged by its own circumstances. In each case one must ask oneself, first, what, having regard to all the circumstances, was the foundation of the contract? Secondly, was the performance of the contract prevented? Thirdly, was the event which prevented the performance of the contract of such a character that it cannot reasonably be said to have been in the contemplation of the parties at the date of the contract? If all these questions are answered in the affirmative (as I think they should be in this case), I think both parties are discharged from further performance of the contract.

Answer

that the contract was frustrated

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contract. King Edward VII fell ill and processions did not take place on the days appointed. The defendant refused to pay the balance of the agreement, denied liability and counter-claimed the money paid as a deposit. The Court of Appeal held that the contract was frustrated. There was a necessary inference from the circumstances, recognised by both parties, that the coronation procession, and the relative position of the rooms was the foundation of the con

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Krell v Henry [1903] 2 KB 740 FACTS: By a written contract, the defendant agreed to hire a third floor flat on Pall Mall from the plaintiff for 26 and 27 June 1902. The purpose in hiring the room was to view the coronation procession that was to pass along the street below on those dates. However, no express mention was made of this in the contract. King Edward VII fell ill and processions did not take place on the days appointed. The defendant refused to pay the balance of the agreement, denied liability and counter-claimed the money paid as a deposit. The Court of Appeal held that the contract was frustrated. [reasoning]. Vaughan Williams LJ stated:

Each case must be judged by its own circumstances. In each case one must ask oneself, first, what, having regard to all the circumstances, was the foundation of the contract? Secondly, was the performance of the contract prevented? Thirdly, was the event which prevented the performance of the contract of such a character that it cannot reasonably be said to have been in the contemplation of the parties at the date of the contract? If all these questions are answered in the affirmative (as I think they should be in this case), I think both parties are discharged from further performance of the contract.

Answer

There was a necessary inference from the circumstances, recognised by both parties, that the coronation procession, and the relative position of the rooms was the foundation of the contract which was frustrated by the King's illness

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and processions did not take place on the days appointed. The defendant refused to pay the balance of the agreement, denied liability and counter-claimed the money paid as a deposit. The Court of Appeal held that the contract was frustrated. There was a necessary inference from the circumstances, recognised by both parties, that the coronation procession, and the relative position of the rooms was the foundation of the contract which was frustrated by the King's illness. Vaughan Williams LJ stated: Each case must be judged by its own circumstances. In each case one must ask oneself, first, what, having regard to all the circumstances, was

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Krell v Henry [1903] 2 KB 740 FACTS: By a written contract, the defendant agreed to hire a third floor flat on Pall Mall from the plaintiff for 26 and 27 June 1902. The purpose in hiring the room was to view the coronation procession that was to pass along the street below on those dates. However, no express mention was made of this in the contract. King Edward VII fell ill and processions did not take place on the days appointed. The defendant refused to pay the balance of the agreement, denied liability and counter-claimed the money paid as a deposit. The Court of Appeal held that the contract was frustrated. There was a necessary inference from the circumstances, recognised by both parties, that the coronation procession, and the relative position of the rooms was the foundation of the contract which was frustrated by the King's illness. Vaughan Williams LJ stated:

Each case must be judged by its own circumstances. In each case one must ask oneself, first, [...]? Secondly, was the performance of the contract prevented? Thirdly, was the event which prevented the performance of the contract of such a character that it cannot reasonably be said to have been in the contemplation of the parties at the date of the contract? If all these questions are answered in the affirmative (as I think they should be in this case), I think both parties are discharged from further performance of the contract.

Answer

what, having regard to all the circumstances, was the foundation of the contract

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elative position of the rooms was the foundation of the contract which was frustrated by the King's illness. Vaughan Williams LJ stated: Each case must be judged by its own circumstances. In each case one must ask oneself, first, what, having regard to all the circumstances, was the foundation of the contract? Secondly, was the performance of the contract prevented? Thirdly, was the event which prevented the performance of the contract of such a character that it cannot reasonably be said to

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Krell v Henry [1903] 2 KB 740 FACTS: By a written contract, the defendant agreed to hire a third floor flat on Pall Mall from the plaintiff for 26 and 27 June 1902. The purpose in hiring the room was to view the coronation procession that was to pass along the street below on those dates. However, no express mention was made of this in the contract. King Edward VII fell ill and processions did not take place on the days appointed. The defendant refused to pay the balance of the agreement, denied liability and counter-claimed the money paid as a deposit. The Court of Appeal held that the contract was frustrated. There was a necessary inference from the circumstances, recognised by both parties, that the coronation procession, and the relative position of the rooms was the foundation of the contract which was frustrated by the King's illness. Vaughan Williams LJ stated:

Each case must be judged by its own circumstances. In each case one must ask oneself, first, what, having regard to all the circumstances, was the foundation of the contract? Secondly, [...]? Thirdly, was the event which prevented the performance of the contract of such a character that it cannot reasonably be said to have been in the contemplation of the parties at the date of the contract? If all these questions are answered in the affirmative (as I think they should be in this case), I think both parties are discharged from further performance of the contract.

Answer

was the performance of the contract prevented

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King's illness. Vaughan Williams LJ stated: Each case must be judged by its own circumstances. In each case one must ask oneself, first, what, having regard to all the circumstances, was the foundation of the contract? Secondly, was the performance of the contract prevented? Thirdly, was the event which prevented the performance of the contract of such a character that it cannot reasonably be said to have been in the contemplation of the parties at the dat

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Krell v Henry [1903] 2 KB 740 FACTS: By a written contract, the defendant agreed to hire a third floor flat on Pall Mall from the plaintiff for 26 and 27 June 1902. The purpose in hiring the room was to view the coronation procession that was to pass along the street below on those dates. However, no express mention was made of this in the contract. King Edward VII fell ill and processions did not take place on the days appointed. The defendant refused to pay the balance of the agreement, denied liability and counter-claimed the money paid as a deposit. The Court of Appeal held that the contract was frustrated. There was a necessary inference from the circumstances, recognised by both parties, that the coronation procession, and the relative position of the rooms was the foundation of the contract which was frustrated by the King's illness. Vaughan Williams LJ stated:

Each case must be judged by its own circumstances. In each case one must ask oneself, first, what, having regard to all the circumstances, was the foundation of the contract? Secondly, was the performance of the contract prevented? Thirdly, [...]? If all these questions are answered in the affirmative (as I think they should be in this case), I think both parties are discharged from further performance of the contract.

Answer

was the event which prevented the performance of the contract of such a character that it cannot reasonably be said to have been in the contemplation of the parties at the date of the contract

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Each case must be judged by its own circumstances. In each case one must ask oneself, first, what, having regard to all the circumstances, was the foundation of the contract? Secondly, was the performance of the contract prevented? Thirdly, was the event which prevented the performance of the contract of such a character that it cannot reasonably be said to have been in the contemplation of the parties at the date of the contract? If all these questions are answered in the affirmative (as I think they should be in this case), I think both parties are discharged from further performance of the contract. &#

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The contract was also found to be frustrated on similar facts to Krell v Henry in the case of [case].

Answer

Chandler v Webster [1904] 1 KB 493

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The contract was also found to be frustrated on similar facts to Krell v Henry in the case of Chandler v Webster [1904] 1 KB 493.

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While in [case], Lord Roskill remarked that, 'the doctrine is not lightly to be invoked to relieve contracting parties of the normal consequences of imprudent commercial bargains'.

Answer

Pioneer Shipping Ltd and Others v BTP Tioxide Ltd, The Nema [1981] 2 All ER 1030

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While in Pioneer Shipping Ltd and Others v BTP Tioxide Ltd, The Nema [1981] 2 All ER 1030, Lord Roskill remarked that, 'the doctrine is not lightly to be invoked to relieve contracting parties of the normal consequences of imprudent commercial bargains'.</bod

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While in Pioneer Shipping Ltd and Others v BTP Tioxide Ltd, The Nema [1981] 2 All ER 1030, [who] remarked that, 'the doctrine is not lightly to be invoked to relieve contracting parties of the normal consequences of imprudent commercial bargains'.

Answer

Lord Roskill

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While in Pioneer Shipping Ltd and Others v BTP Tioxide Ltd, The Nema [1981] 2 All ER 1030, Lord Roskill remarked that, 'the doctrine is not lightly to be invoked [...]'.

Answer

to relieve contracting parties of the normal consequences of imprudent commercial bargains

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The courts have not allowed the defence of frustration to be used by a party trying to escape from a contract because of an unexpected event which is to their disadvantage. This can be seen by the next case, [case].

Answer

Amalgamated Investment and Property Co Ltd v John Walker & Sons Ltd [1976] 3 All ER 509

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tml>The courts have not allowed the defence of frustration to be used by a party trying to escape from a contract because of an unexpected event which is to their disadvantage. This can be seen by the next case, Amalgamated Investment and Property Co Ltd v John Walker & Sons Ltd [1976] 3 All ER 509.<html>

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The courts have not allowed the defence of frustration to be used by a party [...] This can be seen by the next case, Amalgamated Investment and Property Co Ltd v John Walker & Sons Ltd [1976] 3 All ER 509.

Answer

trying to escape from a contract because of an unexpected event which is to their disadvantage.

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The courts have not allowed the defence of frustration to be used by a party trying to escape from a contract because of an unexpected event which is to their disadvantage. This can be seen by the next case, Amalgamated Investment and Property Co Ltd v John Walker & Sons Ltd [1976] 3 All ER 509.

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Amalgamated Investment and Property Co Ltd v John Walker & Sons Ltd [1976] 3 All ER 509.

Answer

In this case, the defendants advertised a property as being suitable for redevelopment. The plaintiffs negotiated the purchase of the property and the defendants knew they intended to redevelop it, although it was clear that they would have to get planning permission. In their enquiries before purchase, the plaintiffs asked the defendants whether the building was designated as being of special architectural or historic interest to which they replied in the negative. However, unknown to the parties, officials at the Department of the Environment included the building on a list which was proposed to be listed under the Town and Country Planning Act 1971, as being of architectural or historic interest. The parties did not know this on 25 September when they entered their contract. On 27 September, the property was listed resulting in the property, now having no development potential, and being worth about £1,500,000 less than the contract price of £1,710,000. The plaintiffs brought an action for rescission on the ground of common mistake or, in the alternative, claimed that the contract was frustrated. It was held by the Court of Appeal that: (a) the doctrine of common mistake did not apply because the mistake did not exist at the date of the contract, the property not being under any fetter until a date after the date of contract; and (b) the doctrine of frustration did not apply since listing was an inherent risk of which every purchaser of property should be aware. It could not be said, therefore, that the performance of the contract that would be called for would, in consequence of the listing, be radically different from that which had been undertaken by the contract. The contract was, therefore, not frustrated

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Amalgamated Investment and Property Co Ltd v John Walker & Sons Ltd [1976] 3 All ER 509. In this case, the defendants advertised a property as being suitable for redevelopment. The plaintiffs negotiated the purchase of the property and the defendants knew they intended to re

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Amalgamated Investment and Property Co Ltd v John Walker & Sons Ltd [1976] 3 All ER 509. In this case, the defendants advertised a property as being suitable for redevelopment. The plaintiffs negotiated the purchase of the property and the defendants knew they intended to redevelop it, although it was clear that they would have to get planning permission. In their enquiries before purchase, the plaintiffs asked the defendants whether the building was designated as being of special architectural or historic interest to which they replied in the negative. However, unknown to the parties, officials at the Department of the Environment included the building on a list which was proposed to be listed under the Town and Country Planning Act 1971, as being of architectural or historic interest. The parties did not know this on 25 September when they entered their contract. On 27 September, the property was listed resulting in the property, now having no development potential, and being worth about £1,500,000 less than the contract price of £1,710,000. The plaintiffs brought an action for rescission on the ground of common mistake or, in the alternative, claimed that the contract was frustrated. It was held by the Court of Appeal that: (a) the doctrine of common mistake did not apply because the mistake did not exist at the date of the contract, the property not being under any fetter until a date after the date of contract; and (b) the doctrine of frustration did not apply since [...]. It could not be said, therefore, that the performance of the contract that would be called for would, in consequence of the listing, be radically different from that which had been undertaken by the contract. The contract was, therefore, not frustrated

Answer

listing was an inherent risk of which every purchaser of property should be aware

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e doctrine of common mistake did not apply because the mistake did not exist at the date of the contract, the property not being under any fetter until a date after the date of contract; and (b) the doctrine of frustration did not apply since listing was an inherent risk of which every purchaser of property should be aware. It could not be said, therefore, that the performance of the contract that would be called for would, in consequence of the listing, be radically different from that which had been und

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Law Reform (Frustrated Contracts) Act 1943 s [...] extends the decision in Fibrosa by providing that money paid before the frustrating event (the time of discharge) can be recovered, even though the failure of consideration may only be partial. It further provides that money payable (i.e. which became due on a date prior to the frustrating event but was not in fact paid) ceases to be payable.

However, s 1(2) also gives the court a discretionary power to order such retention or recovery of money as it thinks just in all the circumstances to account for expenses incurred by the payee. The expenses incurred by the payee must be directly related to an attempt to perform the contract. The amount retained or recovered cannot exceed 1. the actual expenses incurred; and 2. the amount paid or payable prior to the frustrating event. It is for the payee to establish that the expenses were incurred and that it is just for the court to deduct them from the sums paid or payable to him before the frustrating event.

Answer

1(2)

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[statute] extends the decision in Fibrosa by providing that money paid before the frustrating event (the time of discharge) can be recovered, even though the failure of consideration may only be partial. It further provides that money payable (i.e. which became due on a date prior to the frustrating event but was not in fact paid) ceases to be payable.

However, s 1(2) also gives the court a discretionary power to order such retention or recovery of money as it thinks just in all the circumstances to account for expenses incurred by the payee. The expenses incurred by the payee must be directly related to an attempt to perform the contract. The amount retained or recovered cannot exceed 1. the actual expenses incurred; and 2. the amount paid or payable prior to the frustrating event. It is for the payee to establish that the expenses were incurred and that it is just for the court to deduct them from the sums paid or payable to him before the frustrating event.

Answer

Law Reform (Frustrated Contracts) Act 1943 s 1(2)

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Law Reform (Frustrated Contracts) Act 1943 s 1(2) extends the decision in Fibrosa by providing that [...]. It further provides that money payable (i.e. which became due on a date prior to the frustrating event but was not in fact paid) ceases to be payable.

However, s 1(2) also gives the court a discretionary power to order such retention or recovery of money as it thinks just in all the circumstances to account for expenses incurred by the payee. The expenses incurred by the payee must be directly related to an attempt to perform the contract. The amount retained or recovered cannot exceed 1. the actual expenses incurred; and 2. the amount paid or payable prior to the frustrating event. It is for the payee to establish that the expenses were incurred and that it is just for the court to deduct them from the sums paid or payable to him before the frustrating event.

Answer

money paid before the frustrating event (the time of discharge) can be recovered, even though the failure of consideration may only be partial

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Law Reform (Frustrated Contracts) Act 1943 s 1(2) extends the decision in Fibrosa by providing that money paid before the frustrating event (the time of discharge) can be recovered, even though the failure of consideration may only be partial. It further provides that money payable (i.e. which became due on a date prior to the frustrating event but was not in fact paid) ceases to be payable. However, s 1(2) also g

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Law Reform (Frustrated Contracts) Act 1943 s 1(2) extends the decision in Fibrosa by providing that money paid before the frustrating event (the time of discharge) can be recovered, even though the failure of consideration may only be partial. It further provides that [...].

However, s 1(2) also gives the court a discretionary power to order such retention or recovery of money as it thinks just in all the circumstances to account for expenses incurred by the payee. The expenses incurred by the payee must be directly related to an attempt to perform the contract. The amount retained or recovered cannot exceed 1. the actual expenses incurred; and 2. the amount paid or payable prior to the frustrating event. It is for the payee to establish that the expenses were incurred and that it is just for the court to deduct them from the sums paid or payable to him before the frustrating event.

Answer

money payable (i.e. which became due on a date prior to the frustrating event but was not in fact paid) ceases to be payable

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tracts) Act 1943 s 1(2) extends the decision in Fibrosa by providing that money paid before the frustrating event (the time of discharge) can be recovered, even though the failure of consideration may only be partial. It further provides that money payable (i.e. which became due on a date prior to the frustrating event but was not in fact paid) ceases to be payable. However, s 1(2) also gives the court a discretionary power to order such retention or recovery of money as it thinks just in all the circumstances to account for expenses in

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Law Reform (Frustrated Contracts) Act 1943 s 1(2) extends the decision in Fibrosa by providing that money paid before the frustrating event (the time of discharge) can be recovered, even though the failure of consideration may only be partial. It further provides that money payable (i.e. which became due on a date prior to the frustrating event but was not in fact paid) ceases to be payable.

However, s 1(2) also gives the court a [...]. The expenses incurred by the payee must be directly related to an attempt to perform the contract. The amount retained or recovered cannot exceed 1. the actual expenses incurred; and 2. the amount paid or payable prior to the frustrating event. It is for the payee to establish that the expenses were incurred and that it is just for the court to deduct them from the sums paid or payable to him before the frustrating event.

Answer

discretionary power to order such retention or recovery of money as it thinks just in all the circumstances to account for expenses incurred by the payee

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ure of consideration may only be partial. It further provides that money payable (i.e. which became due on a date prior to the frustrating event but was not in fact paid) ceases to be payable. However, s 1(2) also gives the court a discretionary power to order such retention or recovery of money as it thinks just in all the circumstances to account for expenses incurred by the payee. The expenses incurred by the payee must be directly related to an attempt to perform the contract. The amount retained or recovered cannot exceed 1. the actual expenses incurred; and 2

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Law Reform (Frustrated Contracts) Act 1943 s 1(2) extends the decision in Fibrosa by providing that money paid before the frustrating event (the time of discharge) can be recovered, even though the failure of consideration may only be partial. It further provides that money payable (i.e. which became due on a date prior to the frustrating event but was not in fact paid) ceases to be payable.

However, s 1(2) also gives the court a discretionary power to order such retention or recovery of money as it thinks just in all the circumstances to account for expenses incurred by the payee. The expenses incurred by the payee must be [...]. The amount retained or recovered cannot exceed 1. the actual expenses incurred; and 2. the amount paid or payable prior to the frustrating event. It is for the payee to establish that the expenses were incurred and that it is just for the court to deduct them from the sums paid or payable to him before the frustrating event.

Answer

directly related to an attempt to perform the contract

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However, s 1(2) also gives the court a discretionary power to order such retention or recovery of money as it thinks just in all the circumstances to account for expenses incurred by the payee. The expenses incurred by the payee must be directly related to an attempt to perform the contract. The amount retained or recovered cannot exceed 1. the actual expenses incurred; and 2. the amount paid or payable prior to the frustrating event. It is for the payee to establish that

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Law Reform (Frustrated Contracts) Act 1943 s 1(2) extends the decision in Fibrosa by providing that money paid before the frustrating event (the time of discharge) can be recovered, even though the failure of consideration may only be partial. It further provides that money payable (i.e. which became due on a date prior to the frustrating event but was not in fact paid) ceases to be payable.

However, s 1(2) also gives the court a discretionary power to order such retention or recovery of money as it thinks just in all the circumstances to account for expenses incurred by the payee. The expenses incurred by the payee must be directly related to an attempt to perform the contract. The amount retained or recovered cannot exceed 1. the actual expenses incurred; and 2. the amount paid or payable prior to the frustrating event. It is for [...] to establish that the expenses were incurred and that it is just for the court to deduct them from the sums paid or payable to him before the frustrating event.

Answer

the payee

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incurred by the payee must be directly related to an attempt to perform the contract. The amount retained or recovered cannot exceed 1. the actual expenses incurred; and 2. the amount paid or payable prior to the frustrating event. It is for the payee to establish that the expenses were incurred and that it is just for the court to deduct them from the sums paid or payable to him before the frustrating event.<body></htm

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Impossibility can also apply where [...]. For example, in Appleby v Myers (1867) LR 2 CP 651, a contract to install and maintain machinery in a factory was frustrated when the factory was destroyed by fire. The factory was not the subject matter of the contract, but was nevertheless essential to its performance.

Answer

the frustrating event destroys an asset that does not form the subject matter of the contract in question, but rather is essential for the performance of the contract

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Impossibility can also apply where the frustrating event destroys an asset that does not form the subject matter of the contract in question, but rather is essential for the performance of the contract. For example, in Appleby v Myers (1867) LR 2 CP 651, a contract to install and maintain machinery in a factory was frustrated when the factory was destroyed by fire. The factory was

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Impossibility can also apply where the frustrating event destroys an asset that does not form the subject matter of the contract in question, but rather is essential for the performance of the contract. For example, in [case], a contract to install and maintain machinery in a factory was frustrated when the factory was destroyed by fire. The factory was not the subject matter of the contract, but was nevertheless essential to its performance.

Answer

Appleby v Myers (1867) LR 2 CP 651

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ad>Impossibility can also apply where the frustrating event destroys an asset that does not form the subject matter of the contract in question, but rather is essential for the performance of the contract. For example, in Appleby v Myers (1867) LR 2 CP 651, a contract to install and maintain machinery in a factory was frustrated when the factory was destroyed by fire. The factory was not the subject matter of the contract, but was never

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Appleby v Myers (1867) LR 2 CP 651

Answer

A contract to install and maintain machinery in a factory was frustrated when the factory was destroyed by fire. The factory was not the subject matter of the contract, but was nevertheless essential to its performance.

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in Appleby v Myers (1867) LR 2 CP 651, a contract to install and maintain machinery in a factory was frustrated when the factory was destroyed by fire. The factory was not the subject matter of the contract, but was neverth

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Even temporary unavailability may discharge a contract if the interruption is such as to make performance substantially different from what was originally undertaken. Thus, where a ship was requisitioned for a period of five months out of a year's charterparty, the contract was frustrated: [case].

Answer

Bank Line v Arthur Capel & Co [1919] AC 435

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ntract if the interruption is such as to make performance substantially different from what was originally undertaken. Thus, where a ship was requisitioned for a period of five months out of a year's charterparty, the contract was frustrated: Bank Line v Arthur Capel & Co [1919] AC 435.<body><html>

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Even temporary unavailability may discharge a contract if [...]. Thus, where a ship was requisitioned for a period of five months out of a year's charterparty, the contract was frustrated: Bank Line v Arthur Capel & Co [1919] AC 435.

Answer

the interruption is such as to make performance substantially different from what was originally undertaken

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Even temporary unavailability may discharge a contract if the interruption is such as to make performance substantially different from what was originally undertaken. Thus, where a ship was requisitioned for a period of five months out of a year's charterparty, the contract was frustrated: Bank Line v Arthur Capel & Co [1919] AC 435.</spa

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Even temporary unavailability may discharge a contract if the interruption is such as to make performance substantially different from what was originally undertaken. Thus, where a ship was requisitioned for a period of [...] out of a year's charterparty, the contract was frustrated: Bank Line v Arthur Capel & Co [1919] AC 435.

Answer

five months

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head>Even temporary unavailability may discharge a contract if the interruption is such as to make performance substantially different from what was originally undertaken. Thus, where a ship was requisitioned for a period of five months out of a year's charterparty, the contract was frustrated: Bank Line v Arthur Capel & Co [1919] AC 435.<html>

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Even temporary unavailability may discharge a contract if the interruption is such as to make performance substantially different from what was originally undertaken. Thus, where a ship was requisitioned for a period of five months out of a [...] charterparty, the contract was frustrated: Bank Line v Arthur Capel & Co [1919] AC 435.

Answer

year's

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n>Even temporary unavailability may discharge a contract if the interruption is such as to make performance substantially different from what was originally undertaken. Thus, where a ship was requisitioned for a period of five months out of a year's charterparty, the contract was frustrated: Bank Line v Arthur Capel & Co [1919] AC 435.<body><html>

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Answer

the contract was frustrated

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ailability may discharge a contract if the interruption is such as to make performance substantially different from what was originally undertaken. Thus, where a ship was requisitioned for a period of five months out of a year's charterparty, the contract was frustrated: Bank Line v Arthur Capel & Co [1919] AC 435.<body><html>

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The difficulties inherent in deciding whether frustration has occurred in these circumstances, particularly where there is still a period of the charterparty in the future, is illustrated by the case of [case], where the court had to decide whether the requisitioning of a ship in February 1915 frustrated a five-year charterparty which was to last until December 1917. The court held that it did not on the basis that the war would soon be over and thus a considerable proportion of the charterparty would remain. In the circumstances, this was overly optimistic, but it nevertheless demonstrates the problems facing a court in reaching satisfactory conclusions.

Answer

Tamplin SS Co Ltd v Anglo-Mexican Petroleum Co [1916] 2 AC 397

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The difficulties inherent in deciding whether frustration has occurred in these circumstances, particularly where there is still a period of the charterparty in the future, is illustrated by the case of Tamplin SS Co Ltd v Anglo-Mexican Petroleum Co [1916] 2 AC 397, where the court had to decide whether the requisitioning of a ship in February 1915 frustrated a five-year charterparty which was to last until December 1917. The court held that it

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Tamplin SS Co Ltd v Anglo-Mexican Petroleum Co [1916] 2 AC 397

Answer

The court had to decide whether the requisitioning of a ship in February 1915 frustrated a five-year charterparty which was to last until December 1917. The court held that it did not on the basis that the war would soon be over and thus a considerable proportion of the charterparty would remain. In the circumstances, this was overly optimistic, but it nevertheless demonstrates the problems facing a court in reaching satisfactory conclusions.

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Tamplin SS Co Ltd v Anglo-Mexican Petroleum Co [1916] 2 AC 397, where the court had to decide whether the requisitioning of a ship in February 1915 frustrated a five-year charterparty which was to last until December 1917. The court held that it di

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For a recent case involving the temporary unavailability of a ship, see [case]. In this case, the court emphasised that the amount of time left to run in the contract is the starting point only in establishing frustration – all other relevant features need to be taken into account as well. Here, for instance, the contract involved a 20-day charterparty out of which there was very little time left to run. However, the work under the contract had been accomplished. As the purpose of the contract had been achieved, the contract was not, in fact, frustrated.

Answer

Edwinton Commercial Corporation v Tsavliris Russ (Worldwide Salvage & Towage) Ltd, The Sea Angel [2007] EWCA Civ 547, [2007] 2 All ER (Comm) 634

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For a recent case involving the temporary unavailability of a ship, see Edwinton Commercial Corporation v Tsavliris Russ (Worldwide Salvage & Towage) Ltd, The Sea Angel [2007] EWCA Civ 547, [2007] 2 All ER (Comm) 634. In this case, the court emphasised that the amount of time left to run in the contract is the starting point only in establishing frustration – all other relevant features need to be t

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Edwinton Commercial Corporation v Tsavliris Russ (Worldwide Salvage & Towage) Ltd, The Sea Angel [2007] EWCA Civ 547, [2007] 2 All ER (Comm) 634.

Answer

In this case, the court emphasised that the amount of time left to run in the contract is the starting point only in establishing frustration – all other relevant features need to be taken into account as well. Here, for instance, the contract involved a 20-day charterparty out of which there was very little time left to run. However, the work under the contract had been accomplished. As the purpose of the contract had been achieved, the contract was not, in fact, frustrated.

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Edwinton Commercial Corporation v Tsavliris Russ (Worldwide Salvage & Towage) Ltd, The Sea Angel [2007] EWCA Civ 547, [2007] 2 All ER (Comm) 634. In this case, the court emphasised that the amount of time left to run in the contract is the starting point only in establishing frustration – all other relevant features need to be tak

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Edwinton Commercial Corporation v Tsavliris Russ (Worldwide Salvage & Towage) Ltd, The Sea Angel [2007] EWCA Civ 547, [2007] 2 All ER (Comm) 634. In this case, the court emphasised that the amount of time left to run in the contract is the starting point only in establishing frustration – all other relevant features need to be taken into account as well. Here, for instance, the contract involved a 20-day charterparty out of which there was very little time left to run. However, [...]. As the purpose of the contract had been achieved, the contract was not, in fact, frustrated.

Answer

the work under the contract had been accomplished

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starting point only in establishing frustration – all other relevant features need to be taken into account as well. Here, for instance, the contract involved a 20-day charterparty out of which there was very little time left to run. However, the work under the contract had been accomplished. As the purpose of the contract had been achieved, the contract was not, in fact, frustrated.<body><html>

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Edwinton Commercial Corporation v Tsavliris Russ (Worldwide Salvage & Towage) Ltd, The Sea Angel [2007] EWCA Civ 547, [2007] 2 All ER (Comm) 634. In this case, the court emphasised that the amount of time left to run in the contract is the starting point only in establishing frustration – all other relevant features need to be taken into account as well. Here, for instance, the contract involved a 20-day charterparty out of which there was very little time left to run. However, the work under the contract had been accomplished. As the purpose of the contract had been achieved, the contract [outcome].

Answer

was not, in fact, frustrated

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l. Here, for instance, the contract involved a 20-day charterparty out of which there was very little time left to run. However, the work under the contract had been accomplished. As the purpose of the contract had been achieved, the contract was not, in fact, frustrated.<body><html>

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In [case], contractors agreed to construct a reservoir in six years. The contract provided that, in the event of delay, 'whatsoever and howsoever occasioned', the contractors were to apply to the engineer for an extension of time. When the contractors were required by a government order to stop the work and sell their plant, it was held that the contract was frustrated because the delay clause was not intended to apply to such a fundamental change of circumstances. It was held that the clause was intended to cover only temporary difficulties and did not cover fundamental changes in the nature of the contract.

Answer

Dick Kerr and Co v Metropolitan Water Board [1918] AC 119

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In Dick Kerr and Co v Metropolitan Water Board [1918] AC 119, contractors agreed to construct a reservoir in six years. The contract provided that, in the event of delay, 'whatsoever and howsoever occasioned', the contractors were to apply to t

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Dick Kerr and Co v Metropolitan Water Board [1918] AC 119

Answer

Contractors agreed to construct a reservoir in six years. The contract provided that, in the event of delay, 'whatsoever and howsoever occasioned', the contractors were to apply to the engineer for an extension of time. When the contractors were required by a government order to stop the work and sell their plant, it was held that the contract was frustrated because the delay clause was not intended to apply to such a fundamental change of circumstances. It was held that the clause was intended to cover only temporary difficulties and did not cover fundamental changes in the nature of the contract.

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In Dick Kerr and Co v Metropolitan Water Board [1918] AC 119, contractors agreed to construct a reservoir in six years. The contract provided that, in the event of delay, 'whatsoever and howsoever occasioned', the contractors were to apply to the engineer for an extension of time. When the contractors were required by a government order to stop the work and sell their plant, it was held that the [...] because the delay clause was not intended to apply to such a fundamental change of circumstances. It was held that the clause was intended to cover only temporary difficulties and did not cover fundamental changes in the nature of the contract.

Answer

contract was frustrated

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t of delay, 'whatsoever and howsoever occasioned', the contractors were to apply to the engineer for an extension of time. When the contractors were required by a government order to stop the work and sell their plant, it was held that the contract was frustrated because the delay clause was not intended to apply to such a fundamental change of circumstances. It was held that the clause was intended to cover only temporary difficulties and did

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In Dick Kerr and Co v Metropolitan Water Board [1918] AC 119, contractors agreed to construct a reservoir in six years. The contract provided that, in the event of delay, 'whatsoever and howsoever occasioned', the contractors were to apply to the engineer for an extension of time. When the contractors were required by a government order to stop the work and sell their plant, it was held that the contract was frustrated because [...]. It was held that the clause was intended to cover only temporary difficulties and did not cover fundamental changes in the nature of the contract.

Answer

the delay clause was not intended to apply to such a fundamental change of circumstances

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soever occasioned', the contractors were to apply to the engineer for an extension of time. When the contractors were required by a government order to stop the work and sell their plant, it was held that the contract was frustrated because the delay clause was not intended to apply to such a fundamental change of circumstances. It was held that the clause was intended to cover only temporary difficulties and did not cover fundamental changes in the nature of the contract.<body><html>

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However, there must be [...]. If some part of the contract remains possible to perform, then the contract will not be frustrated.

Answer

an absolute non-occurrence of the event which is the common purpose or foundation of the contract

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However, there must be an absolute non-occurrence of the event which is the common purpose or foundation of the contract. If some part of the contract remains possible to perform, then the contract will not be frustrated.

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In [case], the plaintiff steamboat company contracted to place their steamboat The Cynthia at the disposal of the defendant on 28 June 1902, 'for the purpose of viewing the Naval Review and for a day's cruise round the fleet; also on Sunday 29 June 1902, for a similar purpose'. The Cynthia was fitted out for the trip but, on 25 June, the postponement of the Review was announced. The plaintiff telegraphed the defendant: 'What about Cynthia? She is ready to start at six tomorrow. Waiting cash.' There was no reply from the defendant. The plaintiff brought an action for damages for breach of contract. The Court of Appeal held that the defendant was not discharged from his obligations under the contract by the postponement of the Naval Review because: (a) the object in hiring the vessel was the defendant's alone and of no concern to the plaintiff; and (b) the viewing of the Naval Review was not the foundation of the contract as they could still have cruised around the fleet.

Answer

Herne Bay Steamboat Co Ltd v Hutton [1903] 2 KB 683

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In Herne Bay Steamboat Co Ltd v Hutton [1903] 2 KB 683, the plaintiff steamboat company contracted to place their steamboat The Cynthia at the disposal of the defendant on 28 June 1902, 'for the purpose of viewing the Naval Review and for a

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Herne Bay Steamboat Co Ltd v Hutton [1903] 2 KB 683

Answer

The plaintiff steamboat company contracted to place their steamboat The Cynthia at the disposal of the defendant on 28 June 1902, 'for the purpose of viewing the Naval Review and for a day's cruise round the fleet; also on Sunday 29 June 1902, for a similar purpose'. The Cynthia was fitted out for the trip but, on 25 June, the postponement of the Review was announced. The plaintiff telegraphed the defendant: 'What about Cynthia? She is ready to start at six tomorrow. Waiting cash.' There was no reply from the defendant. The plaintiff brought an action for damages for breach of contract. The Court of Appeal held that the defendant was not discharged from his obligations under the contract by the postponement of the Naval Review because: (a) the object in hiring the vessel was the defendant's alone and of no concern to the plaintiff; and (b) the viewing of the Naval Review was not the foundation of the contract as they could still have cruised around the fleet.

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In Herne Bay Steamboat Co Ltd v Hutton [1903] 2 KB 683, the plaintiff steamboat company contracted to place their steamboat The Cynthia at the disposal of the defendant on 28 June 1902, 'for the purpose of viewing the Naval Review and for a day's cruise round the fleet; also on Sunday 29 June 1902, for a similar purpose'. The Cynthia was fitted out for the trip but, on 25 June, the postponement of the Review was announced. The plaintiff telegraphed the defendant: 'What about Cynthia? She is ready to start at six tomorrow. Waiting cash.' There was no reply from the defendant. The plaintiff brought an action for damages for breach of contract. The Court of Appeal held that the defendant was not discharged from his obligations under the contract by the postponement of the Naval Review because: (a) [...]; and (b) the viewing of the Naval Review was not the foundation of the contract as they could still have cruised around the fleet.

Answer

the object in hiring the vessel was the defendant's alone and of no concern to the plaintiff

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rom the defendant. The plaintiff brought an action for damages for breach of contract. The Court of Appeal held that the defendant was not discharged from his obligations under the contract by the postponement of the Naval Review because: (a) the object in hiring the vessel was the defendant's alone and of no concern to the plaintiff; and (b) the viewing of the Naval Review was not the foundation of the contract as they could still have cruised around the fleet.<body><html>

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Question

In Herne Bay Steamboat Co Ltd v Hutton [1903] 2 KB 683, the plaintiff steamboat company contracted to place their steamboat The Cynthia at the disposal of the defendant on 28 June 1902, 'for the purpose of viewing the Naval Review and for a day's cruise round the fleet; also on Sunday 29 June 1902, for a similar purpose'. The Cynthia was fitted out for the trip but, on 25 June, the postponement of the Review was announced. The plaintiff telegraphed the defendant: 'What about Cynthia? She is ready to start at six tomorrow. Waiting cash.' There was no reply from the defendant. The plaintiff brought an action for damages for breach of contract. The Court of Appeal held that the defendant was not discharged from his obligations under the contract by the postponement of the Naval Review because: (a) the object in hiring the vessel was the defendant's alone and of no concern to the plaintiff; and (b) [...].

Answer

the viewing of the Naval Review was not the foundation of the contract as they could still have cruised around the fleet

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peal held that the defendant was not discharged from his obligations under the contract by the postponement of the Naval Review because: (a) the object in hiring the vessel was the defendant's alone and of no concern to the plaintiff; and (b) the viewing of the Naval Review was not the foundation of the contract as they could still have cruised around the fleet.<body><html>

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It is very rare for a contract to be held to have been frustrated by an event that leaves it possible to perform, but which simply makes it much more onerous to one party. This is illustrated by [case]. Consequently, it is accepted that it is unlikely that a contract will be frustrated merely because an event has occurred which renders that contracted for by one party worth less than he anticipated or where an unexpected event merely makes the contract more expensive to perform.

Answer

Davis Contractors v Fareham UDC

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It is very rare for a contract to be held to have been frustrated by an event that leaves it possible to perform, but which simply makes it much more onerous to one party. This is illustrated by Davis Contractors v Fareham UDC. Consequently, it is accepted that it is unlikely that a contract will be frustrated merely because an event has occurred which renders that contracted for by one party worth less tha

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It is very rare for a contract to be held to have been frustrated by an event that leaves it possible to perform, but which simply makes it much more onerous to one party. This is illustrated by Davis Contractors v Fareham UDC. Consequently, it is accepted that it is unlikely that a contract will be frustrated merely because an event has occurred which [...].

Answer

renders that contracted for by one party worth less than he anticipated or where an unexpected event merely makes the contract more expensive to perform

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but which simply makes it much more onerous to one party. This is illustrated by Davis Contractors v Fareham UDC. Consequently, it is accepted that it is unlikely that a contract will be frustrated merely because an event has occurred which renders that contracted for by one party worth less than he anticipated or where an unexpected event merely makes the contract more expensive to perform. <body><html>

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Question

The doctrine will not apply where the frustrating event was induced by one of the parties. The party alleging self-induced frustration must prove that the other party is at fault: [case].

Answer

Joseph Constantine Steamship Line Ltd v Imperial Smelting Corporation Ltd [1942] AC 154

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The doctrine will not apply where the frustrating event was induced by one of the parties. The party alleging self-induced frustration must prove that the other party is at fault: Joseph Constantine Steamship Line Ltd v Imperial Smelting Corporation Ltd [1942] AC 154.

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The doctrine will not apply where the frustrating event was induced by one of the parties. The party alleging self-induced frustration must prove that [...]: Joseph Constantine Steamship Line Ltd v Imperial Smelting Corporation Ltd [1942] AC 154.

Answer

the other party is at fault

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In [case] the plaintiffs chartered a steam trawler, the St Cuthbert, to the defendant, which was useless for fishing unless fitted with an otter trawl. Such a trawl could only be fitted if a licence had been obtained to do so, a fact of which both parties were aware. The defendant applied for five licences for the five trawlers they operated, including the St Cuthbert. It was indicated that they would only be granted three licences and they were asked to nominate the three trawlers to which the licences would attach. The three named trawlers did not include the St Cuthbert. The plaintiffs sued for the charter hire (i.e. the price the defendants had agreed to pay for hiring the vessel) and the defendants argued that the charterparty was frustrated because it was impossible to perform. It was held that the charterparty was not frustrated because it was the defendant's own act which prevented the St Cuthbert from being licensed for fishing with an otter trawl. The defendants were liable for the hire.

Answer

Maritime National Fish Ltd v Ocean Trawlers Ltd [1935] AC 524

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In Maritime National Fish Ltd v Ocean Trawlers Ltd [1935] AC 524 the plaintiffs chartered a steam trawler, the St Cuthbert, to the defendant, which was useless for fishing unless fitted with an otter trawl. Such a trawl could only be fitted if a licen

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Maritime National Fish Ltd v Ocean Trawlers Ltd [1935] AC 524

Answer

The plaintiffs chartered a steam trawler, the St Cuthbert, to the defendant, which was useless for fishing unless fitted with an otter trawl. Such a trawl could only be fitted if a licence had been obtained to do so, a fact of which both parties were aware. The defendant applied for five licences for the five trawlers they operated, including the St Cuthbert. It was indicated that they would only be granted three licences and they were asked to nominate the three trawlers to which the licences would attach. The three named trawlers did not include the St Cuthbert. The plaintiffs sued for the charter hire (i.e. the price the defendants had agreed to pay for hiring the vessel) and the defendants argued that the charterparty was frustrated because it was impossible to perform. It was held that the charterparty was not frustrated because it was the defendant's own act which prevented the St Cuthbert from being licensed for fishing with an otter trawl. The defendants were liable for the hire.

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In Maritime National Fish Ltd v Ocean Trawlers Ltd [1935] AC 524 the plaintiffs chartered a steam trawler, the St Cuthbert, to the defendant, which was useless for fishing unless fitted with an otter trawl. Such a trawl could only be fitted if a licence had been obtained to do so, a fact of which both parties were aware. The defendant applied for five licences for the five trawlers they operated, including the St Cuthbert. It was indicated that they would only be granted three licences and they were asked to nominate the three trawlers to which the licences would attach. The three named trawlers did not include the St Cuthbert. The plaintiffs sued for the charter hire (i.e. the price the defendants had agreed to pay for hiring the vessel) and the defendants argued that the charterparty was frustrated because it was impossible to perform. It was held that [outcome] because it was the defendant's own act which prevented the St Cuthbert from being licensed for fishing with an otter trawl. The defendants were liable for the hire.

Answer

the charterparty was not frustrated

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t Cuthbert. The plaintiffs sued for the charter hire (i.e. the price the defendants had agreed to pay for hiring the vessel) and the defendants argued that the charterparty was frustrated because it was impossible to perform. It was held that the charterparty was not frustrated because it was the defendant's own act which prevented the St Cuthbert from being licensed for fishing with an otter trawl. The defendants were liable for the hire.<body><

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In Maritime National Fish Ltd v Ocean Trawlers Ltd [1935] AC 524 the plaintiffs chartered a steam trawler, the St Cuthbert, to the defendant, which was useless for fishing unless fitted with an otter trawl. Such a trawl could only be fitted if a licence had been obtained to do so, a fact of which both parties were aware. The defendant applied for five licences for the five trawlers they operated, including the St Cuthbert. It was indicated that they would only be granted three licences and they were asked to nominate the three trawlers to which the licences would attach. The three named trawlers did not include the St Cuthbert. The plaintiffs sued for the charter hire (i.e. the price the defendants had agreed to pay for hiring the vessel) and the defendants argued that the charterparty was frustrated because it was impossible to perform. It was held that the charterparty was not frustrated because [...]. The defendants were liable for the hire.

Answer

it was the defendant's own act which prevented the St Cuthbert from being licensed for fishing with an otter trawl

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ter hire (i.e. the price the defendants had agreed to pay for hiring the vessel) and the defendants argued that the charterparty was frustrated because it was impossible to perform. It was held that the charterparty was not frustrated because it was the defendant's own act which prevented the St Cuthbert from being licensed for fishing with an otter trawl. The defendants were liable for the hire.<body><html>

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In [case], Rix LJ summarised the relationship of foreseeability to the doctrine of frustration at [127]:

In a sense, most events are to a greater or lesser degree foreseeable. That does not mean that they cannot lead to frustration. Even events which are not merely foreseen but made the subject of express contractual provision may lead to frustration: as occurs when an event such as a strike, or a restraint of princes, lasts for so long as to go beyond the risk assumed under the contract and to render performance radically different from that contracted for. However … the less that an event, in its type and its impact, is foreseeable, the more likely it is to be a factor which, depending on other factors in the case, may lead on to frustration.

Answer

Edwinton Commercial Corporation v Tsavliris Russ (Worldwide Salvage & Towage) Ltd, The Sea Angel [2007] EWCA Civ 547, [2007] 2 All ER (Comm) 634

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In Edwinton Commercial Corporation v Tsavliris Russ (Worldwide Salvage & Towage) Ltd, The Sea Angel [2007] EWCA Civ 547, [2007] 2 All ER (Comm) 634, Rix LJ summarised the relationship of foreseeability to the doctrine of frustration at [127]: In a sense, most events are to a greater or lesser degree foreseeable. That d

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In Edwinton Commercial Corporation v Tsavliris Russ (Worldwide Salvage & Towage) Ltd, The Sea Angel [2007] EWCA Civ 547, [2007] 2 All ER (Comm) 634, [who] summarised the relationship of foreseeability to the doctrine of frustration at [127]:

In a sense, most events are to a greater or lesser degree foreseeable. That does not mean that they cannot lead to frustration. Even events which are not merely foreseen but made the subject of express contractual provision may lead to frustration: as occurs when an event such as a strike, or a restraint of princes, lasts for so long as to go beyond the risk assumed under the contract and to render performance radically different from that contracted for. However … the less that an event, in its type and its impact, is foreseeable, the more likely it is to be a factor which, depending on other factors in the case, may lead on to frustration.

Answer

Rix LJ

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In Edwinton Commercial Corporation v Tsavliris Russ (Worldwide Salvage & Towage) Ltd, The Sea Angel [2007] EWCA Civ 547, [2007] 2 All ER (Comm) 634, Rix LJ summarised the relationship of foreseeability to the doctrine of frustration at [127]:

In a sense, most events are to a greater or lesser degree foreseeable. That does not mean that they cannot lead to frustration. Even events which are not merely foreseen but made the subject of express contractual provision may lead to frustration: as occurs when [...]. However … the less that an event, in its type and its impact, is foreseeable, the more likely it is to be a factor which, depending on other factors in the case, may lead on to frustration.

Answer

an event such as a strike, or a restraint of princes, lasts for so long as to go beyond the risk assumed under the contract and to render performance radically different from that contracted for

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ts are to a greater or lesser degree foreseeable. That does not mean that they cannot lead to frustration. Even events which are not merely foreseen but made the subject of express contractual provision may lead to frustration: as occurs when an event such as a strike, or a restraint of princes, lasts for so long as to go beyond the risk assumed under the contract and to render performance radically different from that contracted for. However … the less that an event, in its type and its impact, is foreseeable, the more likely it is to be a factor which, depending on other factors in the case, may lead on to frustra

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The default position is that the consequences of frustration are determined according to the provisions of the [statute].

Answer

Law Reform (Frustrated Contracts) Act 1943

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The default position is that the consequences of frustration are determined according to the provisions of the Law Reform (Frustrated Contracts) Act 1943.

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Question

The default position is that the consequences of frustration are determined according to the provisions of the Law Reform (Frustrated Contracts) Act [year].

Answer

1943

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The default position is that the consequences of frustration are determined according to the provisions of the Law Reform (Frustrated Contracts) Act 1943.

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The default position is that the consequences of frustration are determined according to the provisions of the Law Reform (Frustrated Contracts) Act 1943. However, it is worth noting that, [...], the Act will apply only to the extent that it is consistent with the contract (s 2(3)). It is therefore possible for contracting parties to exclude the operation of the Act by prior agreement.

Answer

where the contract contains provisions dealing with the consequences of frustration

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The default position is that the consequences of frustration are determined according to the provisions of the Law Reform (Frustrated Contracts) Act 1943. However, it is worth noting that, where the contract contains provisions dealing with the consequences of frustration, the Act will apply only to the extent that it is consistent with the contract (s 2(3)). It is therefore possible for contracting parties to exclude the operation of the Act by prior

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The default position is that the consequences of frustration are determined according to the provisions of the Law Reform (Frustrated Contracts) Act 1943. However, it is worth noting that, where the contract contains provisions dealing with the consequences of frustration, the Act will apply only [...] (s 2(3)). It is therefore possible for contracting parties to exclude the operation of the Act by prior agreement.

Answer

to the extent that it is consistent with the contract

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on are determined according to the provisions of the Law Reform (Frustrated Contracts) Act 1943. However, it is worth noting that, where the contract contains provisions dealing with the consequences of frustration, the Act will apply only to the extent that it is consistent with the contract (s 2(3)). It is therefore possible for contracting parties to exclude the operation of the Act by prior agreement.<body><html>

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Question

The default position is that the consequences of frustration are determined according to the provisions of the Law Reform (Frustrated Contracts) Act 1943. However, it is worth noting that, where the contract contains provisions dealing with the consequences of frustration, the Act will apply only to the extent that it is consistent with the contract (s [...]). It is therefore possible for contracting parties to exclude the operation of the Act by prior agreement.

Answer

2(3)

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Reform (Frustrated Contracts) Act 1943. However, it is worth noting that, where the contract contains provisions dealing with the consequences of frustration, the Act will apply only to the extent that it is consistent with the contract (s 2(3)). It is therefore possible for contracting parties to exclude the operation of the Act by prior agreement.<body><html>

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you should be aware of the common law rules for two reasons. First, certain types of contracts are not governed by the Act (s [...]), and would therefore still be subject to the common law (unless the parties had made express contractual provision for the frustrating event, see section 18.4.5 above). Second, in order to understand the key provisions of the Act, it is useful to understand the common law position prior to the Act.

Answer

2(5)

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you should be aware of the common law rules for two reasons. First, certain types of contracts are not governed by the Act (s 2(5)), and would therefore still be subject to the common law (unless the parties had made express contractual provision for the frustrating event, see section 18.4.5 above). Second, in or

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At common law, the ability of a party to retain sums not yet paid would be determined by [...].

Answer

how the obligations were previously agreed

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At common law, the ability of a party to retain sums not yet paid would be determined by how the obligations were previously agreed.

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Now consider the leading case on the Law Reform (Frustrated Contracts) Act 1943 s 1(2): [case]. Mr Justice Garland's, decision was unsurprising for its conventional approach to the burden of proof, stating that it lies with the payee (that is, the party seeking to retain or recover their expenses from the sum of money paid or payable in advance) to show that it is 'just' for him so to do. On the subject of apportionment, he considered alternative approaches, but concluded that the court has a 'broad discretion'.

Answer

Gamerco SA v ICM/Fair Warning (Agency) Ltd [1995] 1 WLR 1226

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Now consider the leading case on the Law Reform (Frustrated Contracts) Act 1943 s 1(2): Gamerco SA v ICM/Fair Warning (Agency) Ltd [1995] 1 WLR 1226. Mr Justice Garland's, decision was unsurprising for its conventional approach to the burden of proof, stating that it lies with the payee (that is, the party seeking to retain or rec

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Now consider the leading case on the Law Reform (Frustrated Contracts) Act 1943 s 1(2): Gamerco SA v ICM/Fair Warning (Agency) Ltd [1995] 1 WLR 1226. Mr Justice Garland's, decision was unsurprising for its conventional approach to the burden of proof, stating that it lies [...]. On the subject of apportionment, he considered alternative approaches, but concluded that the court has a 'broad discretion'.

Answer

with the payee to show that it is 'just' for him so to do

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the Law Reform (Frustrated Contracts) Act 1943 s 1(2): Gamerco SA v ICM/Fair Warning (Agency) Ltd [1995] 1 WLR 1226. Mr Justice Garland's, decision was unsurprising for its conventional approach to the burden of proof, stating that it lies with the payee (that is, the party seeking to retain or recover their expenses from the sum of money paid or payable in advance) to show that it is 'just' for him so to do. On the subject of apportionment, he considered alternative approaches, but concluded that the court has a 'broad discretion'.<body><html>

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As can be seen from [case], the practical application of the Law Reform (Frustrated Contracts) Act 1943 s 1(3) is limited by the definition of valuable benefit given by Goff J. In particular, where the value of the benefit has been reduced to nil by the frustrating event, the provider of the 'benefit' has no claim. The defendant’s benefit under s 1(3) is clearly not necessarily the value of the claimant's performance.

Answer

BP v Hunt

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As can be seen from BP v Hunt, the practical application of the Law Reform (Frustrated Contracts) Act 1943 s [...] is limited by the definition of valuable benefit given by Goff J. In particular, where the value of the benefit has been reduced to nil by the frustrating event, the provider of the 'benefit' has no claim. The defendant’s benefit under s 1(3) is clearly not necessarily the value of the claimant's performance.

Answer

1(3)

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As can be seen from BP v Hunt, the practical application of the Law Reform (Frustrated Contracts) Act 1943 s 1(3) is limited by the definition of valuable benefit given by Goff J. In particular, where the value of the benefit has been reduced to nil by the frustrating event, the provider of the 'b

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As can be seen from BP v Hunt, the practical application of the Law Reform (Frustrated Contracts) Act 1943 s 1(3) is limited by [...] given by Goff J. In particular, where the value of the benefit has been reduced to nil by the frustrating event, the provider of the 'benefit' has no claim. The defendant’s benefit under s 1(3) is clearly not necessarily the value of the claimant's performance.

Answer

the definition of valuable benefit

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As can be seen from BP v Hunt, the practical application of the Law Reform (Frustrated Contracts) Act 1943 s 1(3) is limited by the definition of valuable benefit given by [who]. In particular, where the value of the benefit has been reduced to nil by the frustrating event, the provider of the 'benefit' has no claim. The defendant’s benefit under s 1(3) is clearly not necessarily the value of the claimant's performance.

Answer

Goff J

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As can be seen from BP v Hunt, the practical application of the Law Reform (Frustrated Contracts) Act 1943 s 1(3) is limited by the definition of valuable benefit given by Goff J. In particular, where [...], the provider of the 'benefit' has no claim. The defendant’s benefit under s 1(3) is clearly not necessarily the value of the claimant's performance.

Answer

the value of the benefit has been reduced to nil by the frustrating event

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As can be seen from BP v Hunt, the practical application of the Law Reform (Frustrated Contracts) Act 1943 s 1(3) is limited by the definition of valuable benefit given by Goff J. In particular, where the value of the benefit has been reduced to nil by the frustrating event, [...]. The defendant’s benefit under s 1(3) is clearly not necessarily the value of the claimant's performance.

Answer

the provider of the 'benefit' has no claim

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practical application of the Law Reform (Frustrated Contracts) Act 1943 s 1(3) is limited by the definition of valuable benefit given by Goff J. In particular, where the value of the benefit has been reduced to nil by the frustrating event, the provider of the 'benefit' has no claim. The defendant’s benefit under s 1(3) is clearly not necessarily the value of the claimant's performance.<body><html>

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Question

In [case], the respondent company was found not to be exercising a public function in the provision of residential accommodation for the elderly.

Answer

Goldsmith

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In Goldsmith, the respondent company was found not to be exercising a public function in the provision of residential accommodation for the elderly.

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In Goldsmith, the respondent company was found [...] in the provision of residential accommodation for the elderly.

Answer

not to be exercising a public function

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In Goldsmith, the respondent company was found not to be exercising a public function in the provision of residential accommodation for the elderly.

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In [case], however, the managers of a private psychiatric hospital were deemed to be exercising a public function when they changed the focus of one of its wards from providing psychotherapeutic services to one primarily designed to treat patients with mental illness.

Answer

Partnerships in Care

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In Partnerships in Care, however, the managers of a private psychiatric hospital were deemed to be exercising a public function when they changed the focus of one of its wards from providing psychotherapeutic

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In Partnerships in Care, however, the managers of a private psychiatric hospital were deemed [...] when they changed the focus of one of its wards from providing psychotherapeutic services to one primarily designed to treat patients with mental illness.

Answer

to be exercising a public function

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Question

[case] and R (on the application of A) v Partnerships In Care [2002] EWHC (Admin) 529 both concerned contracting-out provisions.

Answer

R v Servite Houses & London Borough of Wandsworth, ex parte Goldsmith [2001] LGR 55

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R v Servite Houses & London Borough of Wandsworth, ex parte Goldsmith [2001] LGR 55 and R (on the application of A) v Partnerships In Care [2002] EWHC (Admin) 529 both concerned contracting-out provisions.

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R v Servite Houses & London Borough of Wandsworth, ex parte Goldsmith [2001] LGR 55 and [case] both concerned contracting-out provisions.

Answer

R (on the application of A) v Partnerships In Care [2002] EWHC (Admin) 529

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Question

R v Servite Houses & London Borough of Wandsworth, ex parte Goldsmith [2001] LGR 55 and R (on the application of A) v Partnerships In Care [2002] EWHC (Admin) 529 both concerned [...].

Answer

contracting-out provisions

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The Senior Courts Act 1981, s [...] stipulates that:

'No application for judicial review shall be made unless the leave of the High Court has been obtained in accordance with the rules of court …'

Furthermore, it provides that:

'… the court shall not grant leave unless it considers that the applicant has sufficient interest in the matter to which the application relates.'

Answer

31(3)

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The Senior Courts Act [...], s 31(3) stipulates that:

'No application for judicial review shall be made unless the leave of the High Court has been obtained in accordance with the rules of court …'

Furthermore, it provides that:

'… the court shall not grant leave unless it considers that the applicant has sufficient interest in the matter to which the application relates.'

Answer

1981

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The [statute] stipulates that:

'No application for judicial review shall be made unless the leave of the High Court has been obtained in accordance with the rules of court …'

Furthermore, it provides that:

'… the court shall not grant leave unless it considers that the applicant has sufficient interest in the matter to which the application relates.'

Answer

Senior Courts Act 1981, s 31(3)

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Question

The Senior Courts Act 1981, s 31(3) stipulates that:

'No application for judicial review shall be made unless [...] …'

Furthermore, it provides that:

'… the court shall not grant leave unless it considers that the applicant has sufficient interest in the matter to which the application relates.'

Answer

the leave of the High Court has been obtained in accordance with the rules of court

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The Senior Courts Act 1981, s 31(3) stipulates that: 'No application for judicial review shall be made unless the leave of the High Court has been obtained in accordance with the rules of court …' Furthermore, it provides that: '… the court shall not grant leave unless it considers that the applicant has sufficient interest in the matter to which

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Question

The Senior Courts Act 1981, s 31(3) stipulates that:

'No application for judicial review shall be made unless the leave of the High Court has been obtained in accordance with the rules of court …'

Furthermore, it provides that:

'… the court shall not grant leave unless [...].'

Answer

it considers that the applicant has sufficient interest in the matter to which the application relates

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plication for judicial review shall be made unless the leave of the High Court has been obtained in accordance with the rules of court …' Furthermore, it provides that: '… the court shall not grant leave unless it considers that the applicant has sufficient interest in the matter to which the application relates.' <body><html>

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Question

It was noted above that the European Convention on Human Rights, art 6(1) has been interpreted by the European Court of Human Rights as providing a right of effective access to a court which can only be restricted if [...].

Answer

it pursues a legitimate aim and is proportionate

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><head>It was noted above that the European Convention on Human Rights, art 6(1) has been interpreted by the European Court of Human Rights as providing a right of effective access to a court which can only be restricted if it pursues a legitimate aim and is proportionate.<html>

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[...] are generally found to be exercising public functions. For example, the decisions of the Advertising Standards Authority (R v Advertising Standards Authority Ltd, ex parte Insurance Services plc (1989) 9 Tr LR 169) and the Bar Council (R v Bar Council, ex parte Percival [1990] 3 All ER 137) have been reviewed by the courts. In both these cases, it was considered that, had there not been a self-regulatory authority in existence, Parliament would almost certainly have needed to intervene and regulate the activity in question.

Answer

Regulatory authorities

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Regulatory authorities are generally found to be exercising public functions. For example, the decisions of the [case] and the Bar Council (R v Bar Council, ex parte Percival [1990] 3 All ER 137) have been reviewed by the courts. In both these cases, it was considered that, had there not been a self-regulatory authority in existence, Parliament would almost certainly have needed to intervene and regulate the activity in question.

Answer

Advertising Standards Authority (R v Advertising Standards Authority Ltd, ex parte Insurance Services plc (1989) 9 Tr LR 169)

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Regulatory authorities are generally found to be exercising public functions. For example, the decisions of the Advertising Standards Authority (R v Advertising Standards Authority Ltd, ex parte Insurance Services plc (1989) 9 Tr LR 169) and the Bar Council (R v Bar Council, ex parte Percival [1990] 3 All ER 137) have been reviewed by the courts. In both these cases, it was considered that, had there not been a self-re

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Regulatory authorities are generally found to be exercising public functions. For example, the decisions of the Advertising Standards Authority (R v Advertising Standards Authority Ltd, ex parte Insurance Services plc (1989) 9 Tr LR 169) and the [case] have been reviewed by the courts. In both these cases, it was considered that, had there not been a self-regulatory authority in existence, Parliament would almost certainly have needed to intervene and regulate the activity in question.

Answer

Bar Council (R v Bar Council, ex parte Percival [1990] 3 All ER 137)

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atory authorities are generally found to be exercising public functions. For example, the decisions of the Advertising Standards Authority (R v Advertising Standards Authority Ltd, ex parte Insurance Services plc (1989) 9 Tr LR 169) and the Bar Council (R v Bar Council, ex parte Percival [1990] 3 All ER 137) have been reviewed by the courts. In both these cases, it was considered that, had there not been a self-regulatory authority in existence, Parliament would almost certainly have neede

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Regulatory authorities are generally found to be exercising public functions. For example, the decisions of the Advertising Standards Authority (R v Advertising Standards Authority Ltd, ex parte Insurance Services plc (1989) 9 Tr LR 169) and the Bar Council (R v Bar Council, ex parte Percival [1990] 3 All ER 137) have been reviewed by the courts. In both these cases, it was considered that, [...].

Answer

had there not been a self-regulatory authority in existence, Parliament would almost certainly have needed to intervene and regulate the activity in question

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tising Standards Authority Ltd, ex parte Insurance Services plc (1989) 9 Tr LR 169) and the Bar Council (R v Bar Council, ex parte Percival [1990] 3 All ER 137) have been reviewed by the courts. In both these cases, it was considered that, had there not been a self-regulatory authority in existence, Parliament would almost certainly have needed to intervene and regulate the activity in question. <body><html>

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In spite of this call for a more liberal approach, a restrictive view was adopted in the High Court in [case]. The Rose Theatre Trust Co Ltd was formed to act as an interest group, campaigning to have an archaeological site 'listed' and protected by the government as an ancient monument. The relevant minister had refused to do so. The group consisted of people with expertise in archaeology, the theatre, literature, and other fields, and also included local councillors and an MP. Schiemann J distilled eight propositions from the Fleet Street Casuals case and held that an individual will only have standing if the statute gives the individual, expressly or impliedly, a greater right or expectation than any other citizen to have that decision taken lawfully. None of the members of the company had this in his view. Individuals who did not have standing would not gain it just because they formed themselves into a group or a company. Therefore, the company was not given standing to challenge the minister's refusal to grant the listing.

Answer

R v Secretary of State for the Environment, ex parte Rose Theatre Trust Co Ltd [1990] 1 QB 504

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In spite of this call for a more liberal approach, a restrictive view was adopted in the High Court in R v Secretary of State for the Environment, ex parte Rose Theatre Trust Co Ltd [1990] 1 QB 504. The Rose Theatre Trust Co Ltd was formed to act as an interest group, campaigning to have an archaeological site 'listed' and protected by the government as an ancient monument. The

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Question

R v Secretary of State for the Environment, ex parte Rose Theatre Trust Co Ltd [1990] 1 QB 504.

Answer

The Rose Theatre Trust Co Ltd was formed to act as an interest group, campaigning to have an archaeological site 'listed' and protected by the government as an ancient monument. The relevant minister had refused to do so. The group consisted of people with expertise in archaeology, the theatre, literature, and other fields, and also included local councillors and an MP. Schiemann J distilled eight propositions from the Fleet Street Casuals case and held that an individual will only have standing if the statute gives the individual, expressly or impliedly, a greater right or expectation than any other citizen to have that decision taken lawfully. None of the members of the company had this in his view. Individuals who did not have standing would not gain it just because they formed themselves into a group or a company. Therefore, the company was not given standing to challenge the minister's refusal to grant the listing.

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R v Secretary of State for the Environment, ex parte Rose Theatre Trust Co Ltd [1990] 1 QB 504. The Rose Theatre Trust Co Ltd was formed to act as an interest group, campaigning to have an archaeological site 'listed' and protected by the government as an ancient monument. The rele

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R v Secretary of State for the Environment, ex parte Rose Theatre Trust Co Ltd [1990] 1 QB 504. The Rose Theatre Trust Co Ltd was [...], campaigning to have an archaeological site 'listed' and protected by the government as an ancient monument. The relevant minister had refused to do so. The group consisted of people with expertise in archaeology, the theatre, literature, and other fields, and also included local councillors and an MP. Schiemann J distilled eight propositions from the Fleet Street Casuals case and held that an individual will only have standing if the statute gives the individual, expressly or impliedly, a greater right or expectation than any other citizen to have that decision taken lawfully. None of the members of the company had this in his view. Individuals who did not have standing would not gain it just because they formed themselves into a group or a company. Therefore, the company was not given standing to challenge the minister's refusal to grant the listing.

Answer

formed to act as an interest group

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R v Secretary of State for the Environment, ex parte Rose Theatre Trust Co Ltd [1990] 1 QB 504. The Rose Theatre Trust Co Ltd was formed to act as an interest group, campaigning to have an archaeological site 'listed' and protected by the government as an ancient monument. The relevant minister had refused to do so. The group consisted of people with expertise in archaeology, the theatre, literature, and other fields, and also included local councillors and an MP. Schiemann J distilled eight propositions from the Fleet Street Casuals case and held that [...]. None of the members of the company had this in his view. Individuals who did not have standing would not gain it just because they formed themselves into a group or a company. Therefore, the company was not given standing to challenge the minister's refusal to grant the listing.

Answer

an individual will only have standing if the statute gives the individual, expressly or impliedly, a greater right or expectation than any other citizen to have that decision taken lawfully

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. The group consisted of people with expertise in archaeology, the theatre, literature, and other fields, and also included local councillors and an MP. Schiemann J distilled eight propositions from the Fleet Street Casuals case and held that an individual will only have standing if the statute gives the individual, expressly or impliedly, a greater right or expectation than any other citizen to have that decision taken lawfully. None of the members of the company had this in his view. Individuals who did not have standing would not gain it just because they formed themselves into a group or a company. Therefor

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R v Secretary of State for the Environment, ex parte Rose Theatre Trust Co Ltd [1990] 1 QB 504. The Rose Theatre Trust Co Ltd was formed to act as an interest group, campaigning to have an archaeological site 'listed' and protected by the government as an ancient monument. The relevant minister had refused to do so. The group consisted of people with expertise in archaeology, the theatre, literature, and other fields, and also included local councillors and an MP. Schiemann J distilled eight propositions from the Fleet Street Casuals case and held that an individual will only have standing if the statute gives the individual, expressly or impliedly, a greater right or expectation than any other citizen to have that decision taken lawfully. None of the members of the company had this in his view. [...]. Therefore, the company was not given standing to challenge the minister's refusal to grant the listing.

Answer

Individuals who did not have standing would not gain it just because they formed themselves into a group or a company

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dividual will only have standing if the statute gives the individual, expressly or impliedly, a greater right or expectation than any other citizen to have that decision taken lawfully. None of the members of the company had this in his view. Individuals who did not have standing would not gain it just because they formed themselves into a group or a company. Therefore, the company was not given standing to challenge the minister's refusal to grant the listing.<body><html>

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R v Secretary of State for the Environment, ex parte Rose Theatre Trust Co Ltd [1990] 1 QB 504. The Rose Theatre Trust Co Ltd was formed to act as an interest group, campaigning to have an archaeological site 'listed' and protected by the government as an ancient monument. The relevant minister had refused to do so. The group consisted of people with expertise in archaeology, the theatre, literature, and other fields, and also included local councillors and an MP. Schiemann J distilled eight propositions from the Fleet Street Casuals case and held that an individual will only have standing if the statute gives the individual, expressly or impliedly, a greater right or expectation than any other citizen to have that decision taken lawfully. None of the members of the company had this in his view. Individuals who did not have standing would not gain it just because they formed themselves into a group or a company. Therefore, [...] to challenge the minister's refusal to grant the listing.

Answer

the company was not given standing

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any other citizen to have that decision taken lawfully. None of the members of the company had this in his view. Individuals who did not have standing would not gain it just because they formed themselves into a group or a company. Therefore, the company was not given standing to challenge the minister's refusal to grant the listing.<body><html>

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Question

In most cases, the remedy of a taxpayer lies in [...]. The taxpayer will be expected to use the appeal procedure rather than resort to judicial review.

Answer

the appeal procedures provided by the tax statutes

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In most cases, the remedy of a taxpayer lies in the appeal procedures provided by the tax statutes. The taxpayer will be expected to use the appeal procedure rather than resort to judicial review.

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In most cases, the remedy of a taxpayer lies in the appeal procedures provided by the tax statutes. The taxpayer will be expected to [...].

Answer

use the appeal procedure rather than resort to judicial review

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The courts have responded to [[...]] by taking them at face value and they are therefore likely to strike out any action brought after the time limit has expired.

Answer

partial exclusion provisions

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The courts have responded to [partial exclusion provisions] by taking them at face value and they are therefore likely to strike out any action brought after the time limit has expired.

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The courts have responded to [partial exclusion provisions] by [...] and they are therefore likely to strike out any action brought after the time limit has expired.

Answer

taking them at face value

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The courts have responded to [partial exclusion provisions] by taking them at face value and they are therefore likely to strike out any action brought after the time limit has expired.

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The courts have responded to [partial exclusion provisions] by taking them at face value and they are therefore [...].

Answer

likely to strike out any action brought after the time limit has expired

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The courts have responded to [partial exclusion provisions] by taking them at face value and they are therefore likely to strike out any action brought after the time limit has expired.

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Question

judicial review is concerned with [...].

Answer

checking the exercise of public power

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judicial review is concerned with checking the exercise of public power.

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judicial review is concerned with checking the exercise of public power. From a constitutional perspective, the courts should not be concerned with the merits of a decision, but rather with whether [...]. It is very important to appreciate that judicial review is not the same as appeal. The courts do not substitute their own decision for that of the decision-maker but can direct, for example, that the decision be made again in the correct manner. However, in certain cases, the findings of the judges arguably do come close to a criticism of the actual substantive merits of the decision under scrutiny.

Answer

such a decision has been correctly made according to law

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judicial review is concerned with checking the exercise of public power. From a constitutional perspective, the courts should not be concerned with the merits of a decision, but rather with whether such a decision has been correctly made according to law. It is very important to appreciate that judicial review is not the same as appeal. The courts do not substitute their own decision for that of the decision-maker but can direct, for

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As a general rule, only '[...]' are amenable to judicial review. The typical situation in which judicial review is the appropriate legal course of action is when a public body is carrying out a public function, almost always though the exercise of some form of statutory power.

Answer

public law decisions

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As a general rule, only 'public law decisions' are amenable to judicial review. The typical situation in which judicial review is the appropriate legal course of action is when a public body is carrying out a public function, alm

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As a general rule, only 'public law decisions' are amenable to judicial review. The typical situation in which judicial review is the appropriate legal course of action is when [...].

Answer

a public body is carrying out a public function, almost always though the exercise of some form of statutory power

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In [case] Lloyd LJ stated:

'If the source of power is a statute, or subordinate legislation under a statute, then clearly the body in question will be subject to judicial review ... if the body is exercising a public law function, or if the exercise of its functions have public law consequences, then that may be sufficient to bring the body within the reach of judicial review.'

Answer

Datafin

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In Datafin Lloyd LJ stated: 'If the source of power is a statute, or subordinate legislation under a statute, then clearly the body in question will be subject to judicial review ... i

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In Datafin [who] stated:

'If the source of power is a statute, or subordinate legislation under a statute, then clearly the body in question will be subject to judicial review ... if the body is exercising a public law function, or if the exercise of its functions have public law consequences, then that may be sufficient to bring the body within the reach of judicial review.'

Answer

Lloyd LJ

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In Datafin Lloyd LJ stated:

'If the source of power is a statute, or subordinate legislation under a statute, then [...] ... if the body is exercising a public law function, or if the exercise of its functions have public law consequences, then that may be sufficient to bring the body within the reach of judicial review.'

Answer

clearly the body in question will be subject to judicial review

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In Datafin Lloyd LJ stated: 'If the source of power is a statute, or subordinate legislation under a statute, then clearly the body in question will be subject to judicial review ... if the body is exercising a public law function, or if the exercise of its functions have public law consequences, then that may be sufficient to bring the body within the reach of j

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In Datafin Lloyd LJ stated:

'If the source of power is a statute, or subordinate legislation under a statute, then clearly the body in question will be subject to judicial review ... if [...], then that may be sufficient to bring the body within the reach of judicial review.'

Answer

the body is exercising a public law function, or if the exercise of its functions have public law consequences

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This has been reinforced more recently by the Civil Procedure Rules Part [...] which defines judicial review in terms of a claim to review the lawfulness of a decision or action 'in relation to the exercise of a public function'.

Answer

54.1(2)(a)(ii)

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This has been reinforced more recently by the Civil Procedure Rules Part 54.1(2)(a)(ii) which defines judicial review in terms of a claim to review the lawfulness of a decision or action 'in relation to the exercise of a public function'.

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This has been reinforced more recently by the [statute] Part 54.1(2)(a)(ii) which defines judicial review in terms of a claim to review the lawfulness of a decision or action 'in relation to the exercise of a public function'.

Answer

Civil Procedure Rules

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This has been reinforced more recently by the [statute] which defines judicial review in terms of a claim to review the lawfulness of a decision or action 'in relation to the exercise of a public function'.

Answer

Civil Procedure Rules Part 54.1(2)(a)(ii)

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This has been reinforced more recently by the Civil Procedure Rules Part 54.1(2)(a)(ii) which defines judicial review in terms of [...].

Answer

a claim to review the lawfulness of a decision or action 'in relation to the exercise of a public function'

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However, some regulatory authorities have proved more problematic. In [case], even though the F.A. appeared to be carrying out a public function (and it also exercised a monopoly in which membership was compulsory), it was deemed not to be subject to judicial review.

Answer

R v Football Association, ex parte Football League [1993] 2 All ER 833

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However, some regulatory authorities have proved more problematic. In R v Football Association, ex parte Football League [1993] 2 All ER 833, even though the F.A. appeared to be carrying out a public function (and it also exercised a monopoly in which membership was compulsory), it was deemed not to be subject to judicial

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R v Football Association, ex parte Football League [1993] 2 All ER 833

Answer

Even though the F.A. appeared to be carrying out a public function (and it also exercised a monopoly in which membership was compulsory), it was deemed not to be subject to judicial review.

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However, some regulatory authorities have proved more problematic. In R v Football Association, ex parte Football League [1993] 2 All ER 833, even though the F.A. appeared to be carrying out a public function (and it also exercised a monopoly in which membership was compulsory), it was deemed [...].

Answer

not to be subject to judicial review

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problematic. In R v Football Association, ex parte Football League [1993] 2 All ER 833, even though the F.A. appeared to be carrying out a public function (and it also exercised a monopoly in which membership was compulsory), it was deemed not to be subject to judicial review.<body><html>

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Likewise, in [case] the court decided that the decision of the Jockey Club which was being challenged was not subject to judicial review.

Answer

R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan, [1993] 2 All ER 853

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Likewise, in R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan, [1993] 2 All ER 853 the court decided that the decision of the Jockey Club which was being challenged was not subject to judicial review.

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Likewise, in R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan, [1993] 2 All ER 853 the court decided that the decision of the Jockey Club which was being challenged was [...].

Answer

not subject to judicial review

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In [case] the court was of the opinion that internal matters within a religion were of a private nature and therefore could not be subject to judicial review.

Answer

R v Chief Rabbi of the United Hebrew Congregation of GB and Commonwealth, ex parte Wachmann, [1993] 2 All ER 249

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In R v Chief Rabbi of the United Hebrew Congregation of GB and Commonwealth, ex parte Wachmann, [1993] 2 All ER 249 the court was of the opinion that internal matters within a religion were of a private nature and therefore could not be subject to judicial review.

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In R v Chief Rabbi of the United Hebrew Congregation of GB and Commonwealth, ex parte Wachmann, [1993] 2 All ER 249 the court was of the opinion that [...].

Answer

internal matters within a religion were of a private nature and therefore could not be subject to judicial review

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In [case], the local authority had a duty to house homeless people. The House of Lords decided that this duty could be separated into two issues. The first was a public law duty to act lawfully and apply the relevant statutory provisions correctly. Once the authority had done this, the second duty, concerning private rights, arose. The court decided that, where private rights depended upon prior public law decisions, the judicial review process should ordinarily be used. It would be an abuse of court process to allow Cocks to seek relief in respect of his claim otherwise than by an application for judicial review.

Answer

Cocks v Thanet DC

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Cocks v Thanet DC

Answer

The local authority had a duty to house homeless people. The House of Lords decided that this duty could be separated into two issues. The first was a public law duty to act lawfully and apply the relevant statutory provisions correctly. Once the authority had done this, the second duty, concerning private rights, arose. The court decided that, where private rights depended upon prior public law decisions, the judicial review process should ordinarily be used. It would be an abuse of court process to allow Cocks to seek relief in respect of his claim otherwise than by an application for judicial review.

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In Cocks v Thanet DC, the local authority had a duty to house homeless people. The House of Lords decided that this duty could be separated into two issues. The first was [...]. Once the authority had done this, the second duty, concerning private rights, arose. The court decided that, where private rights depended upon prior public law decisions, the judicial review process should ordinarily be used. It would be an abuse of court process to allow Cocks to seek relief in respect of his claim otherwise than by an application for judicial review.

Answer

a public law duty to act lawfully and apply the relevant statutory provisions correctly

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In Cocks v Thanet DC, the local authority had a duty to house homeless people. The House of Lords decided that this duty could be separated into two issues. The first was a public law duty to act lawfully and apply the relevant statutory provisions correctly. Once the authority had done this, the second duty, concerning private rights, arose. The court decided that, where private rights depended upon prior public law decisions, the judici

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In Cocks v Thanet DC, the local authority had a duty to house homeless people. The House of Lords decided that this duty could be separated into two issues. The first was a public law duty to act lawfully and apply the relevant statutory provisions correctly. Once the authority had done this, the second duty, concerning private rights, arose. The court decided that, [...]. It would be an abuse of court process to allow Cocks to seek relief in respect of his claim otherwise than by an application for judicial review.

Answer

where private rights depended upon prior public law decisions, the judicial review process should ordinarily be used

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e separated into two issues. The first was a public law duty to act lawfully and apply the relevant statutory provisions correctly. Once the authority had done this, the second duty, concerning private rights, arose. The court decided that, where private rights depended upon prior public law decisions, the judicial review process should ordinarily be used. It would be an abuse of court process to allow Cocks to seek relief in respect of his claim otherwise than by an application for judicial review.<body><html>

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One of the most important decisions in this area is [case]. Dr Roy was a GP carrying out work for the NHS. Payment for his services was provided for under statutory regulations. The FPC was entitled to reduce the amount of payment if they considered that a GP was not devoting a substantial amount of time to his NHS work. The FPC took the view that Dr Roy was not doing so and therefore reduced his practice allowance by 20 percent. Dr Roy brought a private action against the FPC claiming inter alia that the Committee was in breach of contract. The FPC applied to strike out his claim as an abuse of process. According to the FPC, the correct procedure for challenging their decision was by way of an application for judicial review.

Answer

Roy v Kensington and Chelsea and Westminster Family Practitioner Committee (FPC) [1992] 1 AC 624

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One of the most important decisions in this area is Roy v Kensington and Chelsea and Westminster Family Practitioner Committee (FPC) [1992] 1 AC 624. Dr Roy was a GP carrying out work for the NHS. Payment for his services was provided for under statutory regulations. The FPC was entitled to reduce the amount of payment if they co

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Roy v Kensington and Chelsea and Westminster Family Practitioner Committee (FPC) [1992] 1 AC 624

Answer

Dr Roy was a GP carrying out work for the NHS. Payment for his services was provided for under statutory regulations. The FPC was entitled to reduce the amount of payment if they considered that a GP was not devoting a substantial amount of time to his NHS work. The FPC took the view that Dr Roy was not doing so and therefore reduced his practice allowance by 20 percent. Dr Roy brought a private action against the FPC claiming inter alia that the Committee was in breach of contract. The FPC applied to strike out his claim as an abuse of process. According to the FPC, the correct procedure for challenging their decision was by way of an application for judicial review.

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In [case], the Court of Appeal also made an attempt to clarify the approach the courts should adopt when considering this issue. The case involved a civil action by the plaintiff to recover money owed for repairs carried out under a building contract. Lord Woolf, applying Roy, stated that the courts should try to avoid technical arguments involving public and private law issues and should instead focus on the practical consequences of pursuing each course of action. Lord Woolf made a number of suggestions. If an applicant was uncertain as to which procedure to adopt, then judicial review should be favoured. He also suggested that consideration should be given to any interests the judicial review procedure is designed to protect, and he stressed that the courts always have the power to transfer a case, if deemed necessary.

Answer

The Trustees of Dennis Rye Pension Fund v Sheffield City Council [1998] 1 WLR 840

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In The Trustees of Dennis Rye Pension Fund v Sheffield City Council [1998] 1 WLR 840, the Court of Appeal also made an attempt to clarify the approach the courts should adopt when considering this issue. The case involved a civil action by the plaintiff to recover mon

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The Trustees of Dennis Rye Pension Fund v Sheffield City Council [1998] 1 WLR 840

Answer

The Court of Appeal also made an attempt to clarify the approach the courts should adopt when considering this issue. The case involved a civil action by the plaintiff to recover money owed for repairs carried out under a building contract. Lord Woolf, applying Roy, stated that the courts should try to avoid technical arguments involving public and private law issues and should instead focus on the practical consequences of pursuing each course of action. Lord Woolf made a number of suggestions. If an applicant was uncertain as to which procedure to adopt, then judicial review should be favoured. He also suggested that consideration should be given to any interests the judicial review procedure is designed to protect, and he stressed that the courts always have the power to transfer a case, if deemed necessary.

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In The Trustees of Dennis Rye Pension Fund v Sheffield City Council [1998] 1 WLR 840, the Court of Appeal also made an attempt to clarify the approach the courts should adopt when considering this issue. The case involved a civil action by the plaintiff to recover money owed for repairs carried out under a building contract. Lord Woolf, applying Roy, stated that the courts should [...]. Lord Woolf made a number of suggestions. If an applicant was uncertain as to which procedure to adopt, then judicial review should be favoured. He also suggested that consideration should be given to any interests the judicial review procedure is designed to protect, and he stressed that the courts always have the power to transfer a case, if deemed necessary.

Answer

try to avoid technical arguments involving public and private law issues and should instead focus on the practical consequences of pursuing each course of action

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pproach the courts should adopt when considering this issue. The case involved a civil action by the plaintiff to recover money owed for repairs carried out under a building contract. Lord Woolf, applying Roy, stated that the courts should try to avoid technical arguments involving public and private law issues and should instead focus on the practical consequences of pursuing each course of action. Lord Woolf made a number of suggestions. If an applicant was uncertain as to which procedure to adopt, then judicial review should be favoured. He also suggested that consideration s

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In The Trustees of Dennis Rye Pension Fund v Sheffield City Council [1998] 1 WLR 840, the Court of Appeal also made an attempt to clarify the approach the courts should adopt when considering this issue. The case involved a civil action by the plaintiff to recover money owed for repairs carried out under a building contract. Lord Woolf, applying Roy, stated that the courts should try to avoid technical arguments involving public and private law issues and should instead focus on the practical consequences of pursuing each course of action. Lord Woolf made a number of suggestions. If an applicant was uncertain as to which procedure to adopt, then [...]. He also suggested that consideration should be given to any interests the judicial review procedure is designed to protect, and he stressed that the courts always have the power to transfer a case, if deemed necessary.

Answer

judicial review should be favoured

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s involving public and private law issues and should instead focus on the practical consequences of pursuing each course of action. Lord Woolf made a number of suggestions. If an applicant was uncertain as to which procedure to adopt, then judicial review should be favoured. He also suggested that consideration should be given to any interests the judicial review procedure is designed to protect, and he stressed that the courts always have the power to t

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In The Trustees of Dennis Rye Pension Fund v Sheffield City Council [1998] 1 WLR 840, the Court of Appeal also made an attempt to clarify the approach the courts should adopt when considering this issue. The case involved a civil action by the plaintiff to recover money owed for repairs carried out under a building contract. Lord Woolf, applying Roy, stated that the courts should try to avoid technical arguments involving public and private law issues and should instead focus on the practical consequences of pursuing each course of action. Lord Woolf made a number of suggestions. If an applicant was uncertain as to which procedure to adopt, then judicial review should be favoured. He also suggested that consideration should be given to any interests the judicial review procedure is designed to protect, and he stressed that [...].

Answer

the courts always have the power to transfer a case, if deemed necessary

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plicant was uncertain as to which procedure to adopt, then judicial review should be favoured. He also suggested that consideration should be given to any interests the judicial review procedure is designed to protect, and he stressed that the courts always have the power to transfer a case, if deemed necessary.<body><html>

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In The Trustees of Dennis Rye Pension Fund v Sheffield City Council [1998] 1 WLR 840, the Court of Appeal also made an attempt to clarify the approach the courts should adopt when considering this issue. The case involved a civil action by the plaintiff to recover money owed for repairs carried out under a building contract. Lord Woolf, applying Roy, stated that the courts should try to avoid technical arguments involving public and private law issues and should instead focus on the practical consequences of pursuing each course of action. [who] made a number of suggestions. If an applicant was uncertain as to which procedure to adopt, then judicial review should be favoured. He also suggested that consideration should be given to any interests the judicial review procedure is designed to protect, and he stressed that the courts always have the power to transfer a case, if deemed necessary.

Answer

Lord Woolf

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a building contract. Lord Woolf, applying Roy, stated that the courts should try to avoid technical arguments involving public and private law issues and should instead focus on the practical consequences of pursuing each course of action. Lord Woolf made a number of suggestions. If an applicant was uncertain as to which procedure to adopt, then judicial review should be favoured. He also suggested that consideration should be give

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In Matthews v Secretary of State for Environment, Transport and the Regions [2001] EWHC Admin 851, a six-week time limit on appeals against the decision of a planning inspector was held to satisfy these requirements. It pursued the [...].

Answer

legitimate aim of certainty and finality and was not so short as to deprive appellants of a reasonable opportunity to challenge a decision

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span>In Matthews v Secretary of State for Environment, Transport and the Regions [2001] EWHC Admin 851, a six-week time limit on appeals against the decision of a planning inspector was held to satisfy these requirements. It pursued the legitimate aim of certainty and finality and was not so short as to deprive appellants of a reasonable opportunity to challenge a decision.<body><html>

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The Human Rights Act 1998, s 6(1) creates a new head of [...], which can be used in a judicial review action. When using this 'head', the criteria for standing is not the traditional judicial review test discussed above but the test for a 'victim' under the HRA 1998, s 7.

Answer

illegality

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The Human Rights Act 1998, s 6(1) creates a new head of illegality, which can be used in a judicial review action. When using this 'head', the criteria for standing is not the traditional judicial review test discussed above but the test for a 'victi

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