Case Study Analysis: Eveline's Estate and Legal Principles Involved

This case study examines the legal complexities surrounding Eveline, an elderly woman who transferred her house to her grandson, Gary, instead of entering a nursing home. After her death, her sister Doris contested the transfer. The assignment delves into the application of law, emphasizing the importance of adhering to rules and regulations. It discusses the natural theory of law, human behavior, and the doctrine of illegality, referencing cases like Patel v Mirza and Holman v Johnson. The case explores the concept of ex turpi causa and the reliance principle, as seen in Tinsley v Milligan, alongside the Criminal Justice Act 1993. The analysis highlights the court's stance on illegal transactions and the impact of the Law Commission's work on illegal contracts and trusts. The case concludes that, due to Eveline's transfer of the house to Gary, Doris's claim is not valid, emphasizing the significance of legal compliance.

CASE STUDY

The assignment discusses about an old woman, Eveline almost 80 years old who decided not to
go and get admitted in a nursing home. She had no as such financial problem, since she had an
asset of value £23,350 along with a house. She was not dependent on any of her relatives.
Despite being old, she held her rights, authorities, cultures and beliefs. Hence, she transferred her
house or the only physical asset to Gary, her grandson. After the death of Eveline, she left all her
property in the name of Doris, her sister. Doris claimed that Eveline transferred the house to
Gray thinking that she would enjoy the free subsidy.
Law is any inscriptions that bind certain rules and regulations of any country with a legal touch.
It determines the limits of any activity that is to be performed by any individual. Law is
applicable for any subject, be it murder or marriage1. Anything that is to be legally proved
requires approval of legal forces. The law and order of a country depicts the strictness of the
government or public power in the country. There are certain rules and regulations that are
supposed to be followed which makes the country a powerful nation. Law shows an individual a
right path that must be followed upon for greater and better consequences. Everyone and
everything under the eye of law holds equal and unique value. It describes the wrongdoings as
well as the right ones by enlightening the nation about crime. Any kind of criminal offense such
as harassment, torture, assault, murder or any other anti-social activities can be observed through
the operation of law.
Every law of a nation has its reputation as well as criticism. One of the predominant difficulties
to be assessed for the natural theory of law defines interpretation of people in a different way as
per their words and kinds. As per the human behavioural traits as described under law include
development of healthy nature, assessing the correction level. It is not without doubt that any
individual can infer moral values and principles forbidding rape, adultery, homosexuality and so
forth2. This can be done either on the behalf of biological facts regarding human nature and from
facts regarding inherent nature of human beings.
1 Blackwell, H. and Kenneth, J., (2016). America's Two First Freedoms: A Biblical Christian
Perspective on How the Second Amendment Secures First Amendment Rights. Liberty
University Law Review, 9(2), p.2
2 Friedell, S.F., (2016). Confidence Schemes: Theft Loss Deductions, Restitution, and Public
Policy. . John's L. Rev., 90, p.25

Intrinsic nature of human beings pertaining to establishment of laws regarding human behaviour
might not be same as of animals that present the problems or issues within this theory. As per the
law, human behaviour might be solely reliant over environment to which it is exposed including
education, social class as well as upbringing while opposing this theory3. According to the law,
human behaviour extensively depends on the environment they belong to and hence, it is shaped
through the environment which is either deliberate or undeliberate training, conditioning or
education. Hence, correction of the human behaviour is necessary in order to make the law
socially acceptable and any violation of the law may lead to worse circumstances. Therefore, the
criticism of law long with its explanation is elaborately provided.
Application of law as well as its criticisms could be more narrative through the explanation of
the case study of Patel vs Mirza. According to Holman v Johnson (1775) 1 Cowp 341, 342, court
is not liable to lend any aid to any individual who has committed crime on behalf of any illegal
or immoral act4. In order to change the sides of plaintiff as well as defendant, the latter is
supposed to bring back his actions against the former and could enjoy absolute advantages of it.
Illegality is considered to have the potentiality for providing any defence to the claims of
civilians belonging to every category irrespective of property, contract, unjust enrichment or tort
along with a wide variety of surroundings.
A contract might be judged as a prohibitive element of statute or it might be involved for any
immoral or illegal purpose that might drown any of the parties at risk. Any unlawful act might be
committed at the course of the performance of any activity5. Application of doctrine of illegality
would cause good deal undertaking complexity, uncertainty as well as inconsistency at times. It
has been unclear that the illegality doctrine could be applied to the contract where the object
involves something with respect to unlawful notion and the performance of involvement of
3 Hricik, D., (2016). Law School Basics: A Preview of Law School and Legal Reasoning. Nova
Press
4 Isherwood, L. and Ruether, R.R., (2016). Weep not for your children: essays on religion and
violence. Routledge
5 Kahan, F., (2016). A Culture's Catalyst: Historical Encounters with Peyote and the Native
American Church in Canada. Univ. of Manitoba Press

illegality forms but in the central way to form contract. A basic part of the judgements is
concerned with the reliance doctrine is applied under the House of Lords in Tinsley v Milligan
[1994] 1 AC 340.
Mr Patel’s claim is constructed below with the due fulfilment of all legal documents. The
essential facts and the purpose suggested by Mr Patel with the sum totalling of the 620000 pound
to Mr Muzafar the extreme purpose of the price betting on the RBS share6. The information was
collected by Mr Patel. However, Mr Patel chose be observation the situation of the work. The
development of the due was overburdened by Mr Mirza. Mr Patel thus made mr acquire the facts
of the organisation and claim of the remaining of the amount due.
In terms of the section 52 of criminal justice act 1993, it is evident that the criminal activities
within the premises or between agreements between two is termed as the criminal act by the law.
The need for the achieving of the money back made Mr Patel go on some hard part for the
achievers of the money for Mr Mirzya. The agreement between Mr Patel and Mr mirzya
amounted to conflict and committed offence insider dealing under 52 of the criminal justice act
1993 which in order to establish for the money for Mr Patel it was important to explain the
nature and the process of the agreement.
With application of the Reliance principle stated in in Tinsley versus milligan 1994 1 AC 340,
the judge held that the climb by Mr Patel to recover the sum was unenforceable, as Mr Patel
relied on non legitimate means to establish the fact where is he could have brought himself in the
expectation of the doctrine which would suggest that misleading he took into some due
advantages out of the hand of law7.
It was evident that the verdict of the judge on the issue of Reliance was agreed by most of the
people in the courtroom. However, the verdict on the locus penitential was not show uploaded by
the listeners in the courtroom. From the point of view of the listener they believed that
Jacqueline was enough to be succeeding in that scheme which had been executed earlier. In
6 KARR, J., (2016). Immoral Legislation and Tax Benefits for Expat Corporations. Conn. L.
Rev., 48, pp.1703-1737
7 Moffett, L., (2016). Reparations for ‘Guilty Victims’: Navigating Complex Identities of
Victim–Perpetrators in Reparation Mechanisms. International Journal of Transitional
Justice, 10(1), pp.146-167

summary she rejected the Kingsley versus Milligan as it was taking the laying down a rule of
Universal application that the ex turpi causa apply in all circumstances where applicable.
Circumstances Where clean invoices Reliance on the criminals are non legal, the ex turpi causa
is applicable8. Necessity in have you was considered with the policy which underlies the rule
made the contract illegal would be destroyed by allowing the claim. The judge identified the
mischief which took place by the offensive one sided trading with the amazing of market
exploitation of unpublished information from the source which is quite privileged.
From the point of view of the issue of Reliance Gloster LG did not considered necessary for Mr
Patel to establish betting intended on RBS shares which was on for the benefit of the insight
information. It would have been quite enough to establish for him that funds was in the purpose
of a speculation on the share prices which never did take place in real. The court of appeal by a
majority decided in the favour of Miss Milligan by applying the test today have been awarded to
the public conscience. However it was alarming that the house of Lords rejected the decision of
the public.
Lord Goff held up 356 in the courtroom that puts a property in the name of intended conciliation
and for the interest for the fraudulent or illegal purposes neither law nor any impact of law will
help in the growth during office charges from one another9. Tinsley versus Milligan brought in
the subject too much criticism and under jurisdiction for the reasoning that sees result in the first
time was not satisfactory and was directly called into question. With a gap of 2 decade, division
and it's right to trace the developmental future according to the period was brought into view
with the help of the law commission. The Law Commission published its first cancellation paper
on illegal transaction and the effect of the integrity of contract and trust in 1999. The study on
the case law academic writing on the commission admit 5 to the principal policies where in the
virtue of illegal Doctrine for the further processing of rule infringed by claimants behaviour10.
8 Moffett, L., (2016). Reparations for ‘Guilty Victims’: Navigating Complex Identities of
Victim–Perpetrators in Reparation Mechanisms. International Journal of Transitional
Justice, 10(1), pp.146-167
9 Nachbar, T.B., (2016). VOLUME 102 NOVEMBER 2016 NUMBER 7. Virginia Law
Review, 102, p.1627

Hence, law possesses its own power and even if Doris claims right uponb the house of Eveline, it
cannot be sued since Eveline herself transferred its ownership to her grandson Gary. Hence, it is
quite essential to abide by rules and regulations of the country.
10 Spalding, A.B., (2016). Deconstructing Duty-Free: Investor-State Arbitration as Private Anti-
Bribery Enforcement. Browser Download This Paper

References
Blackwell, H. and Kenneth, J., (2016). America's Two First Freedoms: A Biblical Christian
Perspective on How the Second Amendment Secures First Amendment Rights. Liberty
University Law Review, 9(2), p.2
Friedell, S.F., (2016). Confidence Schemes: Theft Loss Deductions, Restitution, and Public
Policy. . John's L. Rev., 90, p.25
Hricik, D., 2016. Law School Basics: A Preview of Law School and Legal Reasoning. Nova
Press
Isherwood, L. and Ruether, R.R., (2016). Weep not for your children: essays on religion and
violence. Routledge
Kahan, F., (2016). A Culture's Catalyst: Historical Encounters with Peyote and the Native
American Church in Canada. Univ. of Manitoba Press
KARR, J., (2016). Immoral Legislation and Tax Benefits for Expat Corporations. Conn. L.
Rev., 48, pp.1703-1737
Moffett, L., (2016). Reparations for ‘Guilty Victims’: Navigating Complex Identities of Victim–
Perpetrators in Reparation Mechanisms. International Journal of Transitional Justice, 10(1),
pp.146-167
Moffett, L., (2016). Reparations for ‘Guilty Victims’: Navigating Complex Identities of Victim–
Perpetrators in Reparation Mechanisms. International Journal of Transitional Justice, 10(1),
pp.146-167
Nachbar, T.B., (2016). VOLUME 102 NOVEMBER 2016 NUMBER 7. Virginia Law
Review, 102, p.1627
Spalding, A.B., 2016. Deconstructing Duty-Free: Investor-State Arbitration as Private Anti-
Bribery Enforcement. Browser Download This Paper