The rule in Whitby v Mitchell (sometimes referred to as or confused with the so-called rules against double possibilities or against remote possibilities)1, provided that, in the case of realty, after a limitation for life to a person not in existence at the time when the instrument creating the limitation became operative, a limitation by remainder to any issue of such a person as purchasers was void2. It now applies only to limitations or trusts created by an instrument which came into operation before 1 January 1926, and has been abolished as regards limitations or trusts created by any
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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
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
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