Aah pt 2 Flashcards
What year was the theft act?
1968
Case for s5(4): if given by mistake, obliged to return it as still belongs to V?
Att gen no.1 of 1983
What section of the theft act says willingness to pay isn’t honesty
S2(2)
How do you define Intention to permanently deprive?
Intending to treat property as ones own to dispose of (DPP v Lavander)
What does S6(1) of theft act also say about borrowing?
Borrowing can be intention to permanently deprive if taken for such time it amounts to outright taking (R v Lloyd)
What does s3(1) of theft also say about honest appropriation?
If comes across property innocently then assumes rights, this van become dishonest
Where is diminished responsibility defined?
S2 of homicide act 1957 (amended coroners and justice act 2009)
What does S2(1B) say in Diminished responsibility?
When abnormality cases/ is significant contributory factor in causing D to carry out conduct
What does Dietschmann say in Diminshed responsibility?
Abnormality doesn’t need to be only cause, just a significant one
OL: Case for S1(5)
Westwood v Post office
OL: 2 cases for kids
Glasgow Corp v Taylor: D must take steps to prevent risks obviously enticing to kids
Holley v Sutton: Damage must be foreseeable from alluremen
WHat are implied terms
Terms not spe ifically identified by parties but put into contract anyways
How are consumer/ trader defined?
S2 CRA
COnsumer:acing mainly/ wholly outside business
Trader: acting for business
Thornton v SHoe Lane Parking
Must be clear before making contract
The more unuual the term, thhe clearer it must be ,made
UCTA how do we determine if a clause is reasonable?
s11(1) knowledge test + S11(2) test for implied terms using schedule 2 guidelines
eg bargaining power, insurance, custom order, inducement,
