FLK 2 Flashcards
AR Test forLegal Causation
criminal law AR
Action was an Operating and substantial cause of the outcome
no break in chain of causation
Test for Factual Causation
But for test- but for their actions the event would not have occured
)
Acts that are new interventing act in chain of causation
3rd party acts- where 3rd party act is unforseeable
Act of the victim- unreasonable in the circumstances
Act of medical professional- (so long as treatment is not for the D’s unlawful act)
Eggshell / thin skin rule- must take v as found. They can refuse med treatment
Criminal Law
Pre completion searches for part of registered land, no mortage.
Property law- exchange/ post completion
OS2 search at land reg to obtain a priority and check if there were any changes since pre exchange search.
Can trustee advance trust capital
trustee powers and duties
Yes, only to beneficiries with an interest in capital. S32 TA 1925- not to life tenants
When is planning permission needed?
Property practice- due dillifence
Any activity that is a development. S55 Town/Country planning
Permission not needed when property use remains in the same class.
Compensation for delay under Standard condition of sale 5th edition
Contract rate or specified rate on the balance due. Calculated per day (/365)
What are the steps in the Best response to get bail: where Previous offences, not guilty, never failed to surrender in the past, Poor evidence
Criminal practice- bail, 1st hearing at mag court
acknowledge offence, argue weak evidence and point to never failing to surrender in the past
Contract exchange- land completion
Law soceity formula A,B,C?
property practice: completion, contract exchange
A: One lawyer holds both contracts (signed), after call, dates both and sends the client copy to other lawyer
B: Each lawyer hold their own copy, after call, dates and sends client copy to other lawyer
C: Each holes their own copy and agrees to release at a sepcific time ( for chain transactions)
what is needed for a bare trust?
Types of Trust
3 certinities ( object, intention and subject). Can be express or implied. Trustee holds the property for the beneficiary. Obligated to transfer on request.
What is a special trust, and 3types
Trusts where the beneficiary is not absolutely entitled:
Life interest ( income but not capital)
Contingent interest( depends on an event- age etc.)
Discretionary interest (discretion of the trustees as long as beneficiary falls in the class)
Types for interest of beneficiaries under a trust?
4 types
Fixed- set by terms of trust
Contingent- depending on event happening
Vested- non contingent, waiting for the contingency to besatified. (eg on death of life tenant)
Discretionary - discretion of the trustee
