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In English legal history, the rule against double possibility is commonly known by the name of which…

The historical English rule against double possibility is known as the rule in Whitby v Mitchell. The Law Commission notes that the rule predates that case. Its historical…

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In English legal history, the rule against double possibility is commonly known by the name of which case?

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Answer and explanation

Correct answer A

The historical English rule against double possibility is known as the rule in Whitby v Mitchell. The Law Commission notes that the rule predates that case. Its historical English form must be distinguished from the requirement in section 13 of the Transfer of Property Act that an unborn beneficiary receive the whole remaining interest.

Option feedback

Option A

The Law Commission identifies it as the rule in Whitby v Mitchell, reported in 1890.

Option B

This is not the English case name attached to the historical rule.

Option C

This is not the English case name attached to the historical rule.

Option D

Whitby v Mitchell is an offered and matching case.

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