Read and note the relevant facts in Hinks. Look at the evidence from the judgement that indicates that Hinks was acting in bad faith and how important the issue of dishonesty is in the judgement.You may need to do some research into the concept of transactions voidable in civil law to understand both the article and the judgment You also need to understand what a valid gift is in law and equity and basic research in the library eg halsburys laws should help here There are basically four points identified by Shute and you need to identify them You need to understand Shute’s points on the reliance on dishonesty and the shift in balance towards mens rea following Hinks.Show that you understand what the judgement says.Show that you understand whether Shute agrees with the judgement or not. Indicate if you agree with him and substantiate that with reference to the article and any other appropriate sources. Understand what Lord Justice Rose says about the importance of considering the issues of appropriation and dishonesty separately. The central issue is whether or not an appropriation takes place when a valid gift is given. Hinks’ defence was that since the victim had willingly given her money and property, this was a gift. In civil law there would be no wrongdoing. It is not contrary to civil law to accept a gift. One of the essential points of the Hinks judgement is that if you accept a gift dishonestly it can be theft. Once you have identified and understood the facts and the legal judgement in Hinks, turn back to the assessment question. You need to consider what arguments Shute puts forwards in the article. It might be a good idea to make a list of what you say his arguments are. You then need to consider how persuasively Shute makes each argument. What evidence and arguments that he put forward to persuade you that he is right? Do you agree? Or disagree?. What sources can you use to give weight to your views? Do other academic commentators agree or not?
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