Prescription

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(1) Medical prescription

It should be noted that the payment of a prescription fee to obtain medicines from a pharmacist does not create a Contract between the purchaser and the pharmacist. The prescription fee is a tax, not a payment. This means that if you receive an incorrect prescription from an incompetent pharmacist and, for example, your leg falls off, you don't have a claim in breach of contract against the pharmacist. You might, however, have a claim in Negligence. You probably wouldn't have a claim under that ConsumerProtectionAct1987, unless the pharmacist actually produce the medicine himself, according to his own specification. If he simply took the wrong bottle off the shell, your injury does not result from a defect in the medicine, and will not be covered by the Act.

(2) Presecription of easements

An Easement can be acquired in various ways. Although there are various ways to acquire by prescription, all have the common feature that the easement must have been exercised for a 'long' time (typically more than 20 years), and it must have been exercised as of right, without secrecy, and without compulsion (nec vi, nec clam, nec precario). The use must be continuous, and not illegal. In general, prescription only operates between Freehold estates: a leaseholder cannot acquire an easement by prescription against his landlord. There are essentially three forms of prescription:common law prescription, LostModernGrant, and under the PrescriptionAct1832. All easements acquired by prescription are deemed to be legal, rather than equitable, interests in land. They are therefore capable of being overriding interests under the land registration act (1925) and the LandRegistrationAct2002.

(3) Presecription of nuisance

Prescription is a defence to a claim ofprivate nuisance. The defendant must show that he or she has been committing the nuisance for 20 years, and that the claimant did not object in that time.

UK LAW
Contract Law
UK LAW
Land and Property Law