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18 Cards in this Set

  • Front
  • Back

what does s5 of the Theft Act 1968 define property as

belonging to any person having posession of control of it, or having any proprietary right or interest

If x gives z £20 to go buy something for x, who does the change belong to

z, the cashier gave the money to z and x has no part to play in that transaction

what case introduced that in situations when ownership isnt clear, the property goes to the person with the most proprietal interest

Rostron and Collinson

what case shows the court will try and create rights of interest and titles to find an owner particularly when an owner may not even be aware they own something

Woodman

what case says that if you pay money or exchange property under a mistake of fact the courts create a trust around it an the original owner will retain an equitable interest in it and can have it back

Chase Manhatten v Israel British Bank

what is the obligation exemption rule for theft

when you receive property on account of another with a legal obligation to deal with it in a particular way

how do you determine whether your situation comes under the obligation exemption rule

look at case law

what case shows the difficulty in applying for the obligation exemption rule

Hall - travel agents didnt use that specific money or didnt outline exactly how much of the money would be spent where to achieve that purpose so the obligation exemption rule doesnt apply

what case demonstrates the obligation exemption rule

Davidge v Bunnett

what is Property Transferred By Mistake defined as

where a person gets property by another’s mistake and is under an obligation to make restoration

what case shows the old law on property transferred by mistake was dependant on the dishonesty and the action being at the same time

Moynes v Cooper - D got additional money by mistake on pay day and didnt decide to keep it until after legal title had already passed over so there was no obligation to make a restoration

what case said there had to be a legal obligation as opposed to just a moral obligation as exists in gambling

Gilks

what is the order of the three AR elements I need to identify in an exam for theft

property


belonging to another


appropriation

are there a lot of exemptions on money and its ownership

no courts dont like doing that because its used for trade and creating too many exemptions will create uncertainty which can disrupt economic flow

what is appropriation normally combined with

the first mens rea element: dishonesty (dishonest appropriation)

how do the courts define appropriation

any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has not 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

what case drastically simplified and neutralised appropriation

Gomez - appropriation is the exercising of ANY rights of an owner (with or without consent)

what case affirms Gomez by saying even gifts can be considered appropriation for purposes of theft

Hinks (disabled person manipulated to give carer £60k)