Big news for me personally today (still relating to the GDL), I was made a course representative: with no election. This meant that I have continued my streak of entering positions of authority with no backing of my fellow students. Whose said that democracy was alive and well with students?
To more academic issues, today a doubleheader of Equity and Trusts followed up by a Tort Law, which resulted in four hours of lectures in a row. This was followed by a career fair in law.
Today’s lecture in equity and trusts was nothing special, and we went over the terms of a will and what types of trusts are formed depending on the language that is used and how this effect claims for the will. The most interesting thing regarding this part of the law is the fact that cases are dated (not that they are out of date, but just…old) and this due to no one litigating these issues anymore. Ambiguity is good for lawyers, to allow them to manoeuvre within the law, but is it the best thing if we are not clear on what specific tests (how do we identify what type of trust) mean? I’m not sure if it does. I can see the arguments for, but does this ambiguity make it better for the everyday person? No, especially according to rational choice theory. How can one make optimal decisions, if one does not know the outcome of the decisions? The problem is, no one will litigate on the vague tests, as there is very little to gain. Maybe time for statute?
Tort, as last time is just case after case. After case. I guess, what is most remarkable so far from tort is the concept of reasonable person and more unclear terms; such as what is the magnitude of risk? These are terms that can easily be interpreted in various ways, and while I understand that precedent is vital here (hence the bucket loads of cases), but the philosopher within me asks the question: who sets a precedent? Looking at what Denning said about the importance of cricket in some of the cases (quite rightly in my opinion), it lacks objectivity. I am not sure why, but this does irk me for some reason. I’ll hopefully be able to come back to this and fully explain why I feel this way. The only other thing to note from tort law is the poorly written statute that is written. I cannot believe that some of the best-educated people in the country come up with drivel that I am sure could be done better b myself. And I’ll admit at this stage, I would terrible at writing statute. Maybe there is hope for me to go into politics eventually…
HP KOTECHA 