Reform Commission‚ 2005 Law Reform Commission‚ 2008. Consultation Paper– Alternative Dispute Resolution (LRC CP 50 2008). Dublin: Law Reform Commission. McAllister‚ D.L.‚ 1973 Mee‚ J. 1998. Lost in the Big House: Where Stands Irish Law on Equitable Estoppel? 23 Irish Jurist (ns) 187-219. Merrill‚ T.W.‚ 1984-1985. Property Rules‚ Liability Rules and Adverse Possession. 79 Northwestern University Law Review 1122-1154. Miceli‚ T.J. and Sirmans‚ C.F.‚ 1995. An Economic Theory of Adverse Possession 15(2)
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In Rochefoucauld v Boustead (1897)‚ Lindley LJ said ‘that the Statute of Frauds does not prevent the proof of a fraud; and that it is a fraud on the part of the person to whom the land is conveyed as a trustee‚ and who knows it was so conveyed‚ to deny the trust and claim the land himself’. Section 53(1)(b) of the Law of Property Act 1925 provides that ‘a declaration of trust respecting any land or any interest therein must be manifested and proved by some writing signed by some person who is
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SUMMARY OF ADVICE Lydia can probably claim a beneficial interest under proprietary estoppel where she can claim for damages from Cynthia. Lydia may also have a contractual licence with Cynthia which Cynthia cannot revoke at will. Lydia Barnet’s (Client) Objectives Lydia does not want to vacate the cottage which she has lived in and maintained for ten years. Lydia is looking for a solution which will enable her to make this possible. She knows there has not been a formal agreement between
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Is equity still relevant today? Prior to the Norman conquest in 1066 ‚ different areas of England were governed by different systems of law. William the conqueror gained the English throne in 1066 and began standardizing the law. “Itinerant justices” were able to discuss the various customs of different parts of the century. The principle of ‘stare decisis’ grew up and by 1250 a ‘common law’ has been produced. Common law is the basis of our law today. It is an unwritten law that developed from
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How Does Equity Fulfill the Common Law Common Law Equity fulfils the common law‚ although it does not endeavour to displace it with a moral code. In order to be influential‚ the law is to be professed as both certain and predictable‚ and also flexible and fair. Specifically‚ it needs clear rules on the one hand‚ but flexibility on the other to produce exceptions to cases that lead to apparently incongruous or unjust conclusions if the rules are
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that the Royal hotel would be going to Wayling he just hadn’t altered his will). Equity maxim – Equity looks to the intent rather than the form Difficulties encountered by the plaintiff The judge at first instance held that the claim in proprietary estoppel failed because the plaintiff was unable to prove in cross-examination that the promises that he would inherit property after the death of the deceased influenced him to remain working for Mr Jones. How the court resolved the dispute
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intention trusts‚ as decided in Lloyds Bank v Rosset? Do all of these areas of equity and trusts law make full and complete sense to you? Chattels‚ cohabitees‚ charities‚ cy pres‚ discretionary trusts‚ express trusts‚ fixed trusts‚ donees‚ estoppel - (promissory and proprietary) easements‚ the formalities requirements for trusts and fiduciary duties? Are you fully compus mentus with regards to knowing receipt‚ knowing assistance‚ legatees‚ mutual wills‚ nominees‚ overreaching‚ overriding‚ perpetuities‚ powers
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PART I. Introduction England’s contract law is consisted of several laws and they can not be written or at least explained in a student’s assignment‚ which is consisted of 1000 words. Despite that I will try to outline the main points of the contact law and explain briefly what each means. On the second point I will explain the little difference between the English contact law with the equivalent contract law of my home country which is Cyprus. I wrote "little differences " because‚ Cyprus is following
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What are the exceptions to the maxim “equity will not assist a volunteer? Give factual examples to support answer and relevant cases. There are certain known exemptions to the rule that equity will not assist a volunteer . a) These are where the proposed donee has acquired title to the property by being chosen as administrator of the donor’s estate . That is if a donor has endeavored to create an instant bequest inter vivos to a donee which have not passed by reasons of the fact that the lawful
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The law of the land comprises a crystallized expression of values cast in sharp relief against the landscape of the law. (Gray and Gray‚ Elements of Land Law) What key values or aims does English Land Law promote and evaluate the balance struck by them. Provide illustrations of relevant cases and statute in this regard. The English Land Law is one of the oldest branches found in the doctrine of common law. It has its origins in the feudal reforms imposed on England by William the
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