Millett: equity’s place in the law of commerce It is tempting but wrong to assume that a trustee is under a primary obligation to perform the trust and a secondary obligation to pay equitable compensation if he doesn’t. Equity says under the terms of…
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Fault based vs strict liability Question asked- did the D take reasonable care in doing what he did Elements of tort: Duty of care: measured generally. Breach: C has to show D hasn’t attained appropriate standard of care required. Sets the bar, if D…
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Situation where D has caused C only psychiatric injury- it’s a free standing damage. Question- can the C claim for such an injury and if so what are the limits to such a claim? Last 140 years there’s been a wide spectrum of opinions…
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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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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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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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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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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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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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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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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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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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