Pre Module Reading Flashcards
What is security of tenure?
Right for the tenant to continue its tenancy beyond the contractual expiry date
Right to request that a new tenancy is requested
What sort of covenants can be implied between landlords and tenants?
Extremely limited
Enforceability of leases granted before 1 January 1996
Privity of contract between the original landlord and original tenant - Liability continues for the full duration -Although indemnity clauses are often used
Enforceability of leases after The Landlord and Tenants (Covenants) Act 1995
Abolished privity of contract for all new leases
Landlords given greater control over assignments
What does termination by forfeiture entail?
- Right for the landlord to retake physical possession of the premises
- Never implied
What does the Landlord and Tenant Act 1954 do?
- Provides security of tenure to some business tenants
- Allows lease to automatically continue unless terminated under the Act
- Can be contracted out of
What is joint and several liability?
- 2 people cause the same damage/ 1 person is responsible for another
- Can recover for the full amount from either who can then recover from the other party
S14(2) of the Sale of Goods Act
- Satisfactory quality
S14(3) Sale of Goods Act
- Fitness for a particular purpose
- Whether or not that’s a purpose for which such goods are commonly supplied
S13 Sale of Goods Act
Sale by description
S13 The Supply of Goods and Services Act 1982
Reasonable care and skill
Theft- s1 Theft Act 1968
- Dishonesty
1. Test used to be R v Ghosh -Dishonest according to the ordinary and reasonable standards of honest people? D must have realised what we was doing was wrong
2. Ivey rejected the 2nd leg - Appropriation
- With intention to permanently deprive
- Max sentence 7 years
Robbery- s8 Theft Act 1968
- Theft
- Use force OR put any person in fear of being, then and there, subjected to force in order to steal
Going equipped for theft- s25 Theft Act 1968
Not at his place of abode has…
Afraid- s3 Public Order Act
Hypothetical bystander must be put in fear for their safety
Fear or provocation of violence- s4 Public Order Act
Uses threatening/ insulting words/ behaviour with intent to cause that person to believe that immediate unlawful violence will be used against him/provoke violence
Possession of Controlled Drugs- s5(2) Misuse of Drugs Act
Class A-C
Possession requires a degree of physical control
Statutory defences- Stopping someone else or lack of knowledge
Supplying a controlled drug- s4(3) Misuse of Drugs Act
- Actual supply/ making an offer to supply a controlled drug
- Participation of the accused
- Knowledge
Possession with intent to supply- s5(3) Misuse of Drugs Act
Specific intent- I may have the drug lawfully, it depends what I intend to do with it
Possessing an Offensive Weapon in a Public Place- s1 Prevention of Crime Act 1953
Defence of lawful authority/ reasonable excuse
