20/03 Legislation 7:
Look at ‘Gift horses’- good revision.
Now examinable content!
30 Mark question on a statute we have not seen before.
Essay question- be given a model question i.e. a question similar to the
exam question. Learn 6 essays.
One of the essay questions will revolve around this class.
Form and structure of a statute:
NB: a purpose section in legislation has no more power than any other
‘Unless the context otherwise requires’ refers to a situation in
which the definition following does not match with the definition
given for a word or words.
Use of the word ‘includes’ does not limit the clause to the
sentence following that verb.
Use of the word ‘means’ DOES limit the clause to the sentence
following the verb.
Marginal note: pre-2000 legislation run into text; post-2000
legislation set above the text. Even though content of a section
may change as they go through parliament, marginal notes do not
change, they are there to aid in the interpretation of the
CAUTION: do not borrow essays from people last year on anything. Law
changes therefore what is expected in those essays will change. Write own
3. Rights of recipient of unsolicited goods:
1) You can either:
a. Wait the three months
b. Give notice and wait 30 days
‘the recipient may as between himself and the sender, use, deal with, or
dispose of them as if they were an unconditional gift to him’ – legal fiction.
2) Tells us you need to send a notice
3) Gives options about how this notice may be delivered
4) If notice is posted- covers from any person who claims that they never
received the notice in the post
5) Tells us who the ‘sender’ is 6) Liability for payment: a) not liable for payments unless agrees to acquire
them or treats it in such a way that undermines the sender as being the
owner; b) not liable for loss or injury unless the receiver incurs it himself.
7) May not make a request for goods to be sent to someone else w