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Freddie is the settlor who made his own will and appointed Chloe, as the sole trustee of his will. It is crucial to define what a trust is. “A trust is a relationship which arises when property is vested in a person/s called the trustees, which those trustees are obliged to hold for the benefit of other persons called the beneficiaries” There are two kinds of trusts. i) Fixed trust- the interest of the beneficiary is fixed and clearly identifiable. ii) Discretionary trust- the trustee has…

The law has progressed throughout the years regarding liability for harm caused by negligent misstatements. Negligent misstatements occur when a pursuer relies upon a statement given by the defendant which, in turn, causes loss to the pursuer. Until the case of Hedley Byrne v Heller, the courts did not usually impose liability regarding negligent misstatements on the grounds of policy. Before the case of Hedley Byrne v Heller, the idea that one party owed another a duty of care regarding…

Jeremy Bentham is considered the father of militarism because he’s the one who gives a name and brings it together and consolidates it in a systematic way. Bentham himself, his primary interest was in forming the British legal system because they have a lot of punishment that should fit the crime. There were a lot of punishment that did not fit the crime, they were very arbitrarily applied or they were too severe they didn’t pay off in good consequences. That’s when he taught utilitarianism is a…

Introduction There are two issues on which Stephanie requires advice - whether the barge is a chattel or a fixture and whether there is a valid contract in place between herself and Wangle. If the barge has become a fixture of the land and the contract meets all the necessary formalities, then Stephanie may have a legal right to the barge and may have a cause of action against Wangle if he refuses to go through with the transaction. Distinguishing between Chattels and Fixtures The Law of…

Actus Reus and Mens Reus Actus Reus is defined as an element of criminal responsibility, the wrongful act or omission that comprises the physical components of a crime (Actus Reus n.d.). Mens rea is defined as an element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and willfulness (Mens rea n.d.). In criminal law they are referred to as the two elements of a crime and you need both the guilty mind and physical criminal act to…

Breach of the peace Section 38 of the Act was desgined I itself to combat the amount of offences that would fall under Breach of the peace as Breach of the Peace is:— a crime at common law which was defined in Smith v Donnelly 2001 SLT 1007, Lord Coulsfield finally stated that, in the view of the High Court, it is “clear that what is required to constitute the crime is conduct severe enough to cause alarm to ordinary people and…

Case 5.2: Negligence on page 101 Negligence is defined as “failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not.” (Law.com Legal Dictionary, 2017) “Under the doctrine of unintentional tort, commonly referred to as negligence, a person is liable for harm that is the foreseeable consequence of his or her actions.” (Cheeseman, 2013, pp.91) To be a successful case of negligence, it…

1 Introduction The play Truculentus by Plautus is the oldest known source in which the word “obligare” is used, the root ‘lig’ indicates the binding of something or someone. The subject of law of obligations was introduced in Justinians Institutes by the following definition: “obligatio est iuris vinculum, quo necessitate adstringimur alicuius solvendae rei secundum nostrae civitatis iura”. This translates to the legal bond whereby an individual is constrained to perform an action according…

recklessness or even negligence to one or more elements in the actus reus. In Malaysia, strict liability can be defined as a legal responsibility for damages or injury even if the person is found strictly liable without his fault or negligence. Under Common Law, there are an aversion to impose strict liability most likely because of the absence of mens rea in these offences. A person is not considered guilty of a crime if the act of crime is done without guilty mind. It is called strict…

1. Volenti Non fit Injuria (consent) When a person consents for infliction of an harm upon himself, he has no remedy for that in Tort. That means, if a person has consented to do something or has given permission to another to do certain thing, and if he is injured because of that, he cannot claim damages. However, the action causing harm must not go beyond the limit of what has been consented. Consent, rather informed consent plays a major role in the medical profession. In a New York case…