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An excellent legal contrivance addressing the state of affairs — or [[parallel universe]], more like — in which one would have been had all been well in the world. It starts with “[[constructive knowledge]]”: knowledge a prudent chap ought to have had, had he stopped to think about it, when the historical record reveals he did not. This cognitive state which pays no heed to the [[brute facts]] of his imperfect existence, in which his Vauxhall Astra is unapologetically now wrapped around a lamp post he would have, [[in a perfect world]], known was there and diligently avoided. | {{g}}{{pe}}An excellent legal contrivance addressing the state of affairs — or [[parallel universe]], more like — in which one would have been had all been well in the world. It starts with “[[constructive knowledge]]”: knowledge a prudent chap ''ought'' to have had, had he stopped to think about it, when the historical record reveals he did not. This cognitive state which pays no heed to the [[brute facts]] of his imperfect existence, in which his Vauxhall Astra is unapologetically now wrapped around a lamp post he would have, [[in a perfect world]], known was there and diligently avoided. | ||
Then there are [[constructive trust]]s, fabulous creatures of the [[courts of chancery]], which deem one fellow the fiduciary of another for matters which, in plain sight, he was not. | Then there are [[constructive trust]]s, fabulous creatures of the [[courts of chancery]], which deem one fellow the fiduciary of another for matters which, in plain sight, he was not. | ||
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But, like a [[Ferae naturae|bitey wild animal]], or an [[Rylands v Fletcher - Case Note|ordinarily docile, if unkempt, reservoir]], the concept can flood its bulwarks. So the unwilling student assures his enquiring mother that he has ''constructively'' done his homework. | But, like a [[Ferae naturae|bitey wild animal]], or an [[Rylands v Fletcher - Case Note|ordinarily docile, if unkempt, reservoir]], the concept can flood its bulwarks. So the unwilling student assures his enquiring mother that he has ''constructively'' done his homework. | ||
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*[[Law of Property (Miscellaneous Provisions) Act 1994]] section 3(1) of which has rather a nifty rider requiring at least [[constructive knowledge]], which rancorous chargees will try to undermine. | |||
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