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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