The K M Links Game - May 2024 Week 2
Quizzes & Puzzles1 min ago
Please help!!!!!!!
Whilst the House of Lords in R v Hinks [2000] 4 ALL ER 833, has finally clarified the meaning of 'appropriation', this appears to have been at the expense of creating confusion regarding the issue of dishonesty
I am currently working on a essay on the above question. I am clear on how the House clarified the meaning of appropriation, and the previous cases of Morrris and of Laurence etc that created the need for such clarification.
However, I am lost as to how it effected the issue of dishonesty. I would really really appreciate it if anyone can help me with this. I have some ideas but very unsure if im right. If anyone can help I will be incredibly grateful, thankyou x
I am currently working on a essay on the above question. I am clear on how the House clarified the meaning of appropriation, and the previous cases of Morrris and of Laurence etc that created the need for such clarification.
However, I am lost as to how it effected the issue of dishonesty. I would really really appreciate it if anyone can help me with this. I have some ideas but very unsure if im right. If anyone can help I will be incredibly grateful, thankyou x
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Thanks Ward~Minter, yes that does make sense!
The ruling in Hinks said that you can have an appropriation even when the owner consents to the taking. But this has had a knock on effect on dishonesty because as you say, appropriation is linked to dishonesty more than the 68 act states.
Im just confused, I think that this now means the element of dishonesty is now doing all the work, and that the defences under the act are only partial, and therefore have to look to the 2 tier direction in Ghosh, which itself has been said to be flawed.
Just not sure Im on the right track! Have read the full law report but those chaps in the House of Lords dont half go on a bit, and after the 14th page I've got myself a bit in a pickle!!!
Thankyou x
The ruling in Hinks said that you can have an appropriation even when the owner consents to the taking. But this has had a knock on effect on dishonesty because as you say, appropriation is linked to dishonesty more than the 68 act states.
Im just confused, I think that this now means the element of dishonesty is now doing all the work, and that the defences under the act are only partial, and therefore have to look to the 2 tier direction in Ghosh, which itself has been said to be flawed.
Just not sure Im on the right track! Have read the full law report but those chaps in the House of Lords dont half go on a bit, and after the 14th page I've got myself a bit in a pickle!!!
Thankyou x
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Not sure there Ward~Minter, such scenarios were discussed in Morris, McPherson, and Eddy and Niman, with Morris ruling conflicting with the case of Lawrence.
But your absolutley right that appropriation takes place the minute someone assumes any of the rights of the owner, ie picking up the article from the shelf in a supermarket, which then leads to satisfying the element of whether they were dishonest in doing so.
Really appreciate your help, but Im more concerned with the confusion regarding dishonesty after the House of Lords case R v Hinks as its been said that Hinks clarified appropriation, but in doing so, muddied the waters as regards the issue of dishonesty.
But your absolutley right that appropriation takes place the minute someone assumes any of the rights of the owner, ie picking up the article from the shelf in a supermarket, which then leads to satisfying the element of whether they were dishonest in doing so.
Really appreciate your help, but Im more concerned with the confusion regarding dishonesty after the House of Lords case R v Hinks as its been said that Hinks clarified appropriation, but in doing so, muddied the waters as regards the issue of dishonesty.
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http://www.bailii.org/cgi-bin/markup.cgi?doc=/ uk/cases/UKHL/2000/53.html
Think you can find the case of Hinks there, and it discusses some of the previous cases. And im not sure about me knowing more than you, been scratching my head all night!!!
Think you can find the case of Hinks there, and it discusses some of the previous cases. And im not sure about me knowing more than you, been scratching my head all night!!!
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