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9363 results in The Cambridge Law Journal

Page 220 of 469

  • Alternative Elements and Included Offences

  • Glanville Williams
  • Journal:
    The Cambridge Law Journal / Volume 43 / Issue 2 / November 1984
    Published online by Cambridge University Press:
    16 January 2009, pp. 290-305
    Print publication:
    November 1984

  • The Decision of the House of Lords in Clarence Wilson alters the law of included offences, but the extent of its impact is unclear. The decision is of unhappy importance not only as a disconcerting specimen of the functioning of our final court of appeal but also because of its possibly serious effect on the. theory of indictments. It has been subjected to devastating criticism by Professor Smith, and awkward questions upon it have been raised by Mr. Emmins. This article will seek both to underline the criticisms by a closer examination of the opinion and to suggest a more limited interpretation of it than has previously been considered.

  • The Test of Dishonesty in R. v. Ghosh

  • Kenneth Campbell
  • Journal:
    The Cambridge Law Journal / Volume 43 / Issue 2 / November 1984
    Published online by Cambridge University Press:
    16 January 2009, pp. 349-360
    Print publication:
    November 1984

  • The nature of the test of dishonesty in offences under the Theft Acts 1968 and 1978 and in conspiracy to defraud has long been a matter of dispute. There have been several conflicting decisions of the Court of Appeal and of the Divisional Court. In essence, two lines of authority had emerged. Both agreed, following Feely, that, on trial on indictment, the question of dishonesty was one for the jury, and both agreed that the test was, at least in part, one of moral judgement. One line, however, said that the moral judgement was that of the accused himself, the other that it was the moral judgement of the reasonable and honest man (or some variant of this.)

  • CLJ volume 43 issue 1 Cover and Front matter

  • Journal:
    The Cambridge Law Journal / Volume 43 / Issue 1 / April 1984
    Published online by Cambridge University Press:
    16 January 2009, pp. f1-f7
    Print publication:
    April 1984
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  • Options: as Safe as Houses?

  • Stephen Tromans
  • Journal:
    The Cambridge Law Journal / Volume 43 / Issue 1 / April 1984
    Published online by Cambridge University Press:
    16 January 2009, pp. 55-87
    Print publication:
    April 1984

  • Options over land have formed part of the law of real property for a long time. Their oldest uses are probably in the context of wills, allowing stated persons to purchase part of the testators” property, and in the law of landlord and tenant, giving the tenant the right to call for a renewal of the term or in some cases to purchase the freehold. Options are still used for both of these purposes, although statutory developments in the law of landlord and tenant have rendered the option to renew of less significance than was once the case. In addition, other uses have been found for options by landowners and conveyancers.

Page 220 of 469