Oxford University (OX)

Comprehensive summary/exam notes on the topic of resulting trusts in Trusts Law. This document covers both automatic and presumed resulting trusts. For each, it sets out different views proposed by different academics and judges and includes in-depth analysis and critique that can be used to structure an essay on this topic.

Comprehensive summary/exam notes on the topic of the three certainties in Trusts Law, specifically certainty of object and certainty of subject matter. This document sets out a structure that can be used to answer any problem question on the topic. It sets out the four different scenarios in a certainty of object question (fixed trust, discretionary trust, fiduciary powers and a conditional gift) along with how to approach issues of curing, capriciousness and administrative unworkability. For a ...

Comprehensive summary/exam notes on the question of breach of duty in Tort Law. This document covers various relevant considerations that can be taken into account (the gravity of the potential harm, cost of precautions and the utility of the defendant's conduct), and the relevance of other circumstances such as lack of skill and experience, age, and professional standards.

Comprehensive summary/exam notes on the topic of causation in Tort Law. This document outlines the 'but for' test, the test for material contribution to injury, the test for material contribution to risk, failure to warn test, rules regarding recovery for loss of chance and rules regarding a break in the chain of causation.

Comprehensive summary/exam notes on the topic of defective premises in Tort Law, under both the Defective Premises Act 1972 and the Building Safety Act 2022. This document sets out a structure that can be used to answer any problem question on this topic. It sets out in detail 4 different claims: a claim under s.1 Defective Premises Act 1972, a claim under s.2A Defective Premises Act 1972 (introduced by s.134 Building Safety Act 2022), a claim under s.148 Building Safety Act 2022, and a claim in...

Comprehensive summary/exam notes on the topic of defective products in Tort Law under both the Consumer Protection Act 1987 and common law. This document sets out a structure that can be used to answer any problem question on the topic. It sets out the test for determining whether the defendant falls within the remit of the Act, whether there is a "defect", whether the defect caused the damage caused by the claimant, whether the damage is covered by the Act, and the defences available to t...

Comprehensive summary/exam notes on the defences that can be invoked in a negligence case in Tort Law. This document covers contributory negligence under Law Reform (Contributory Negligence) Act 1945 (including the issue of whether suicide of the claimant can count as contributory negligence), volenti non fit injuria, exclusion of liability, and illegality.

Comprehensive summary/exam notes on the topic of duty of care in Tort Law. This document outlines the proper approach to deciding whether a duty has arisen (as set out in Robinson v CC West Yorkshire Police), the exception to the general rule of no liability for omissions in Home Office v Dorset Yacht Co (assumption of responsibility), and how public authorities can be held liable in different situations (call handlers and local authorities). It also outlines the approach to be taken to a lay pe...

Comprehensive summary/exam notes on the topic of occupier's liability in Tort Law, under both Occupier's Liability Acts (1957 and 1984). This document sets out a structure that can be used to answer any problem question on this topic. It sets out the test for determining whether the defendant is an occupier, the test for determining whether the claimant is a lawful or unlawful visitor and the different tests to be applied for each, what loss is recoverable, the defences that can be raised ...

Comprehensive summary/exam notes on the topic of private nuisance in Tort Law. This document sets out a structure that can be used to answer any problem question on the topic. It sets out who can sue, who can be sued, the test for nuisance following the 2023 UKSC case of Fearn v Tate (including how factors such as locality, planning permission and time of day can be relevant) and the remedies available. It also includes an outline of a case for trespass to land and some in-depth analysis on whet...