All rights reserved. Sign in to annotate. Delete Cancel Save. Cancel Save. When annuities are given by the will, the general rule is that they are valued at the date of the testator's death, then abate proportionately in accordance with that valuation, and each annuitant receives the abated sum. All these rules are subject to any contrary intention being expressed in the will.
For example a lease may provide for an abatement of rent in certain circumstances, e. A person injured by a nuisance has a right to abate it. In doing so, he must not do more damage than is necessary and, if removal of the nuisance requires entry on to the property from which it emanates, he may have to give notice to the wrongdoer.
A local authority can issue an abatement notice to control statutory nuisances. An abatement did not prevent either of the parties from bringing fresh proceedings in respect of the same cause of action. Pleas in abatement have been abolished; in modern practice any change of interest or status of the parties does not affect the validity of the proceedings, provided that the cause of action survives.
Under the Defamation Act , the defence is also available for those reporting proceedings of the European Court of Justice.
The offence of taking an unmarried girl under the age of 16 from the possession of her parents or guardians against their will. It is no defence that the girl looked and acted as if she was over 16 or that she was a willing party. No sexual motive has to be proved. It is also an offence to abduct an unmarried girl under the age of 18 or a mentally defective woman married or unmarried for the purpose of unlawful sexual intercourse. In this case a defendant can plead that he had reasonable grounds for believing that the girl was over 18, or that he did not know the woman was mentally defective, respectively.
It is also an offence to abduct any woman with the intention that she should marry or have unlawful sexual intercourse with someone, if it is done by force or for the sake of her property. It is also an offence for a parent or guardian of a child under 16 to take or send him out of the UK without the consent of the other parent or guardians.
Belief that the other person has or would have consented is a defence. It is also an offence for any other person to remove or keep such a child, without lawful authority or reasonable excuse, from the person with lawful control of him.
Proof of belief that the child was 16 is a defence here. The termination of a pregnancy: a miscarriage or the premature expulsion of a foetus from the womb before the normal period of gestation is complete. It is an offence to induce or attempt to induce an abortion unless the terms of the Abortion Act and the Abortion Regulations are complied with.
The pregnancy can only be terminated by a registered medical practitioner, and two registered medical practitioners must agree that it is necessary, for example because 1 continuation of the pregnancy would involve a risk to the life or physical or mental health of the pregnant woman or of other children of hers that is greater than the risk of terminating the pregnancy, or 2 that there is a substantial risk that the child will be born with a serious physical or mental handicap.
However, doctors are not obliged to perform abortions if they can prove that they have a conscientious objection to so doing. A husband cannot prevent his wife having a legal abortion if she so wishes.
The failure of a person to surrender to the custody of a court in order to avoid legal proceedings. An absolute title to freehold land is equivalent to an estate in fee simple in possession in unregistered land. This offence may be committed by someone who bypasses his electricity meter or reconnects a disconnected meter or who unlawfully obtains a free telephone call though there is a more specific and potentially less serious offence to deal with this.
Joyriding in a lift or some similar abuse might also constitute wasting electricity. Let's Change The World Together. Pdfdrive:hope Give books away.