Relevant themes: montgomery v lanarkshire health board, informed consent, bolam test. The medical profession has for a long time been a petri dish for paternalistic practices and attitudes. The doctor knows best. The doctor’s judgment is not to be questioned. The courts have made inroads into this approach but the test used to ascertain
There are now many express and implied statutory examples where the burden of proof is reversed where the defendant must discharge a legal burden to avoid conviction. These provisions have aroused the interest of Europe as potentially violating the right to a fair trial as guaranteed by Art. 6 (2) of the European Convention on
All inadvertence to an objectively perceptible and unacceptable risk is to be condemned as reckless (Gardner, 1993) Critically consider the basis on which criminal liability for recklessness should be assessed. As Professor Herring writes, ‘if purpose is at the heart of intention, risk-taking is at the heart of recklessness’ (Herring, 2010). In his
Certainty of Subject Matter Certainty of Subject Matter Essay For a trust to be valid it must satisfy the three certainties: one of these being certainty of subject matter. The trust property must be described in such a way that it becomes certain and ascertainable. The justification for this is that a trustee can only
Secret Trusts Essay “Fully explain and analyse the law relating to secret and half secret trusts and critically evaluate the following statement: ‘The enforcement of secret and half secret trusts demonstrates the equitable principle that statute and common law shall not be used as an engine of fraud and illustrates the willingness of
The Wealth-Maximisation Principle Accommodates, With Elegant Simplicity, the Competing Impulses of our Moral Nature. (Posner). - Discuss. Supposing one were to take a residential lease of premises in a bustling, industrialised area. The premises lie adjacent to a building site where the developer proposes to construct an office block. Suppose further that, in
A trust for a purpose that will benefit the public is generally considered a charitable trust. However, trusts are sometimes created for a private purpose. These are called private purpose trusts or trusts of imperfect obligation. They have been described by Matthews as ‘non-owned vehicles’.[i] Many of these trusts fail because of a lack of
