Omissions and Third Parties

Omissions and Third Parties

  1. Policy reasons for limiting liability for a failure to act Stovin v Wise Facts: A county council with statutory power to take steps to make roads safe had decided to cut away a bank from a roadside to improve visibility at a dangerous…

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Public Authorities Revision Notes

Public Authorities Revision Notes

  A.    Introduction Three reasons why their duties are more limited and restricted: A narrower duty of care should be owed because the activity they carry out is for the benefit of the community as a whole it’s not selfish or profit motivated. The source…

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Pure Economic Loss

Pure Economic Loss

  A)   Concept of pure economic loss 1)    Pure economic loss versus consequential economic loss Pure economic loss= a loss that is solely and purely economic C’s less well off than they otherwise would’ve been if the D had acted carefully. E.g. bad investment advice…

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Intro into Negligence

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 recognised no general principle. Technique…

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Defamation

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 person’s reputation. Ask yourself- did…

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Trustee Duties

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 give property to someone who…

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The Beneficiary Principle

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 standi to enforce the trust…

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Constitution of Trusts

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 beneficiary Constitution= refers to the…

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Formalities

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, this is a step to…

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Three Certainties Flow Chart

Three Certainties Flow Chart

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Outline: Principle of effectiveness and national procedural autonomy

Outline: Principle of effectiveness and national procedural autonomy

Principles of effectiveness and national procedural autonomy NATIONAL PROCEDURAL AUTONOMY Comet 1976 ECJ established that the procedural rules of each Member State generally apply to cases of EU law. However, two basic principles must be adhered to “equivalence” (the procedure for EU cases must be…

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State Liability Outline

State Liability Outline

I’ve done my best if you see a mistake feel free to message me or if you have any questions 😀 Happy revision (if there is such a thing) State Liability Attempt to mitigate the harshness of the rejection of horizontal direct effect of Directives…

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