The collection
Topics
Doctrinal explainers across Contract, Tort, Trusts, Land and Corporate — the principles that tie the cases together. 17 explainers.
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Mistake (Contract Law)
A narrow doctrine rendering a contract void where a misunderstanding is so fundamental it negates agreement — covering identity, existence and quality.
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Consideration
A fundamental requirement for an enforceable contract, rooted in the bargain theory of exchange.
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Intention to Create Legal Relations
The third essential element of a contract — judged objectively through rebuttable presumptions for commercial and domestic agreements.
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The “Snapping Up” Doctrine
A negative limit on the objective theory of contract — a party cannot enforce a bargain they knew rested on the other’s material mistake.
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Pure Economic Loss
A complex area of negligence governed by a “limited duty” regime and a general exclusionary rule.
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Pure Psychiatric Harm
The “limited duty” regime for nervous shock — primary vs secondary victims, the Alcock control mechanisms, and the shift in Paul v Royal Wolverhampton.
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Charitable Purpose Trusts
Public trusts under the Charities Act 2011 — the heads of charity, the public benefit requirement, exclusivity, and the cy-près doctrine.
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Non-Charitable Purpose Trusts
Why trusts for purposes are generally void — the beneficiary principle, the anomalous exceptions, the Denley principle, and gifts to associations.
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The ‘Three Certainties’ of Express Trusts
Certainty of intention, subject matter and objects — the conditions for a valid express trust, plus the beneficiary principle and perpetuity rules.
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Director’s Duty: Conflict of Interest
Section 175 CA 2006 and the equitable no-conflict rule — the corporate opportunity doctrine, post-resignation conflicts, and the s 175/s 177 distinction.