estoppel: common law estoppel‚ estoppel in pais‚ estoppel by representation estoppel by convention…promissory estoppel‚ proprietary estoppel and equitable estoppel. * Above differences in estoppel not important today - grouped together as a reference to unconscionability. main differences = common law estoppels (based on representations of facts) and equitable (relying on promises or assurances) * Object of estoppel: Dixon J – prevent unjust departure by one person from an assumption adopted
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For years‚ the contentious issue of college tuition costs has loomed large‚ acting as a significant barrier to higher education for many. Recently‚ the concept of tuition-free college education has gained traction as a potential remedy. Advocates argue that by enhancing accessibility‚ alleviating student debt burdens‚ fostering economic growth‚ and prioritizing future investments‚ tuition-free colleges could usher in transformative change. A key argument in favor of tuition-free college is its potential
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from non-contractual obligations and causing injuries to another party by providing remedies for the injuries. “Tort”norman-french language –means mischief and wrong Comes from latin- tortus – means crooked‚ wrung and twisted. Sir John Salmon – Tort: a civil wrong for which the remedy is a common law action for unliqudated damages‚ and which is not exclusively the breach of contract or trust or other equitable obligation Sir Percy henry Winfield- tort – the breach of duty affixed by the law
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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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Physical Dimensions. RIGHTS ABOVE SURFACE →The owner’s rights in airspace should be restricted to “any such height as is necessary for the ordinary use and enjoyment of his land and the structures upon it”. If within this meaning their may be an action in trespass. – Berstein v Skyviews and General Ltd. S 2(1) of the Damage by Aircraft Act 1952 precludes action in trespass for overflying aircraft.→ An intrusion by a land based structure located on the defendant’s land constituted a trespass to the
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prevail over the other in case of conflict supported with various decisions of the Court under different circumstances regarding the issue. Chapterisation:- 1. Introduction 2. History 3. Title * Quiet title * Chain of title * Equitable versus legal title 4. Possession * Adverse possession * Effect of adverse possession * Importance of possession * Right of possession * Possession of stolen goods 5. Conflict between title and possession * Quiet title
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Axiomatic- (adj.) self-evident or unquestionable 4. Blazon- (v.) to adorn or embellish‚ to set forth conspicuously or publicly 5. Caveat- (n.) an explanation or warning that should be remembered when you are doing or thinking about something 6. Equitable (adj.) fair and impartial 7. Extricate (v.) free (someone or something) from a constraint or difficulty 8. Filch (v.) pilfer or steal (something‚ especially a thing of small value) in a casual way 9. Flout (v.) to mock‚ treat with contempt 10. Fractious
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Case Scenario: Big Time Toymaker Rhonda Burrows Case Scenario: Big Time Toymaker We were asked to answer questions one through six based on the scenario in the “Theory to Practice” section‚ and to include the following in our response: 1. At what point‚ if ever‚ did the parties have a contract? My Answer: When both parties agreed Big Time Toymaker (BTT) and Chou agreed to the terms‚ obligations‚ which covered intent‚ and followed through when BTT paid Chou $25‚000 in exchange for exclusive
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Legislation: This refers to the preparation and enactment of laws passed by parliament through the law making process. The process includes evaluating‚ amending and voting on a proposed law and is concerned with the words used in the proposal to accurately communicate the values‚ judgments and purposes of the proposal. Before an item of legislation becomes law‚ it may be known as a ‘bill’ and will be broadly referred to as legislation while it remains under consideration. Once it has been passed
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Big Time Toymaker Case Scenario LAW/421 1. At what point‚ if ever‚ did the parties have a contract? I do not think the two parties involved ever had a contract. In the scenario‚ the parties reached an agreement only three days before the end of a 90-day deadline set in the original negotiation contract. In the original negotiation contract‚ it states that there would be no distribution contract unless it was in writing. When the BTT manager sent the e-mail to Chou‚ he mentioned the terms
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