• Intro into Negligence

    Elements of a cause of action in negligence Court is trying to come up with moral formula with legal consequences Development of the general test   1)    Donoghue v Stephenson Before Donoghue v Stephenson List of situations where negligence was…

    Defamation

      THE CAUSE OF ACTION There must be a defamatory statement Made to the claimant And it must be published to a third person A.    Defamatory meaning A statement that causes or is likely to cause serious harm to a…

    Trustee Duties

    Duty to act solely in accordance with the terms of their authority as defined in the trust deed, including a duty to invest the trust property e. the trustees must do as they are instructed in the trust deed. Can’t…

    The Beneficiary Principle

    A. THE BENEFICIARY PRINCIPLE General rule- a trust generally needs human beneficiaries unless it’s a Charitable Trust or a trust for purposes. Nothing do with certainty of object which is conceptual Companies count as human beneficiaries Someone needs the locus…

    Constitution of Trusts

    B. THE CONSTITUTION OF TRUSTS I.e. the making of a trust Milroy v Lord Turner LJ, there are three ways you can give property away: Outright gift Transfer property to trust You can make yourself trustee for the benefit of…

    Formalities

    A. FORMALITIES General rule- equity looks to intent not form 1. Purposes of Formalities J D Feltham [1987] Conv 246. Four functions of formalities Ritual or cautionary function Because the settlor drops out of the picture once he has transferred,…