By releasing the debt the security for the debt is released1. To be binding a release of a debt must generally be made for consideration2, or, if not so made, under seal3. While an alleged release or forgiveness of the debt cannot be established merely by showing that the creditor had expressed an intention to release the debt, where the creditor has so acted that the debtor has done acts by which his position has been altered the creditor will not be allowed to enforce his security4. Moreover, a declaration of present forgiveness of the debt, even though only
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Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
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