A mortgagor of personalty, for example securities, may redeem at any time before the actual sale1. On redemption the mortgagee must return the identical securities pledged, if capable of identification or, if he has sold them during the currency of the loan, must account to the mortgagor for the proceeds of such sale2. The right to a return of the identical securities may be lost by the course of dealing between the mortgagor and the mortgagee, or by acquiescence by the mortgagor, and in these cases the mortgagor's right is a right to have returned to him a corresponding
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Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
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