Cases - law and justice Page 1 that promise binding on him until such Bournemouth and time as he gives reasonable notice of his intention to resume those rights. Poole College Sixth Form Law Bournemouth and Poole College Text Only Privacy & cookies Change Text Size Denning J (obiter dicta) said that had Central London sued for the arrears for the years 1940-45‚ it would have failed. It would have been estopped from going back on its promise [as set out in the 1940 agreement]
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Contract Law in the South Pacific‚ Cavendish Publishing Limited‚ Sydney‚ 2001 INTERNET SOURCES Contract Law definition (2006) Notes on Contract Law <http://www.businessdictionary.com/definition/contract-law.html > at 23rd May‚ 2012 Proprietary estoppel definition (2007) Business law < www.biztaxlaw.com> at 26th May 2012 Turnover definition (2004) Business Loss < www.thefreedictionary.com> at 23rd May‚ 2012 -------------------------------------------- [ 2 ]. Contract Law definition
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ADMINISTRATIVE LAW ASSIGNMENT DIPLOMA IN LEGAL STUDIES PUBLIC LAW II 2010/2011 “What is the current status of the doctrine of legitimate expectations in Irish law? How do you think the doctrine will develop in the coming years”? WORD COUNT 2881: NOT INCLUDING FOOT NOTES OR BIBLIOGRAPHY PAGE COUNT 10 DEADLINE 6.00pm on the 31st March 2011 “Take nothing on its looks; take everything on evidence. There’s no better Rule.” —Charles Dickens in “Great Expectations” “unhappiness could well
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The recognition of substantive legitimate expectations is to be welcomed‚ but the standard of review in such cases remains problematic. Discuss. Fairness and legal certainty are two crucial factors to be seen in decisions made by public authorities; the doctrine of legitimate expectations was first formulated by Lord Denning MR in Schmidt v Home Secretary (1969).The doctrine comes into play when a public authority makes a declaration regarding its policy‚ or the manner in which it will exercise
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LEGITIMATE EXPECTATION The Legal and Institutional Background The doctrine of legitimate expectation operates as a control over the exercise of discretionary powers conferred upon a public authority. The typical reason why discretionary powers are conferred upon a public authority is to ensure that they are exercised having due regard to the particular circumstances of individual cases coming before the decision-maker – ie in circumstances where Parliament was not confident at the time
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dispute is between the same parties‚ for the same relief and on the same cause of action.2 These requirements are sometimes relaxed in circumstances warranting the relaxation of the requirements (issue estoppel). It is argued that a special plea to apply res judicata in the form of issue estoppel leads to unfairness such that it should be abolished from South African law‚ more is to be elucidated below. Requirements of Res judicata In Huisman and Another v Lakie and Others‚ the court sets out the
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by estopped * Estoppel: situation where a person is precluded from saying something – namely the denial that a promise has been made. Protects person from the injurious consequence of reliance. * For example : creditor agrees to accept lesser sum in discharge of a greater sum‚ cant reclaim full payment refer to D & C Builders Ltd v Rees Estoppel Generally: * Different forms of estoppel: common law estoppel‚ estoppel in pais‚ estoppel by representation estoppel by convention…promissory
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STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION In re: BAMBI A. HERRERA-EDWARDS‚ Case No. 8:12-bk-15725-KRM Chapter 11 Debtor. / MOTION TO DETERMINE PROPERTY OF THE ESTATE DUE TO CLAIMS OF EQUITABLE ESTOPPEL‚ PROMISSORY ESTOPPEL AND RES JUDICATA Creditor‚ ERIC MOORE does hereby file this motion to determine property of the estate and alleges as follows: FACTUAL ALLEGATIONS 1. Creditor‚ Eric Moore and Debtor‚ Bambi A. Herrera-Edwards entered into a Consulting
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To begin with‚ the case as regards Richard and Ernie is related to the Doctrine of Promissory Estoppel‚ which is derived from Equity. According to this doctrine‚ if one party to the contract (promisor) makes a promise which the other party to the contract (promisee) acts upon‚ the promisor is estopped from going back on his promise‚ even though the promise did not provide any consideration. Theoretically‚ by this concept‚ Ernie should be estopped from asking Richard for the remaining balance of
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G.R. No. L-11840 December 10‚ 1963 ANTONIO C. GOQUIOLAY‚ ET AL.‚ plaintiffs-appellants‚ vs. WASHINGTON Z. SYCIP‚ ET AL.‚ defendants-appellees. Facts: On May 29‚ 1940‚ Tan Sin An and Antonio C. Goquiolay formed a commercial partnership in Davao‚ having capital contribution of 40% and 60%‚ respectively. The business of the partnership is to engage in the buying‚ resale and lease of real estates for subdivision. Among the conditions agreed upon in the partnership agreement that are material
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