“In Thorner –v- Major‚ the House of Lords confirmed that a claimant seeking to establish a proprietary estoppel must prove three things: (1) that the defendant’s assurances or conduct in relation to identified property were sufficiently clear and unambiguous in all the circumstances‚ (2) to lead the claimant reasonably to rely on those assurances or conduct; (3) by acting significantly to his detriment‚ so that it would be unconscionable for the defendant to deny him any remedy.” (Per Hayton
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contribution that the equitable doctrine of proprietary estoppels makes to modern land law.’’ During the Norman conquest in 1066‚ William the Conqueror instead of rewarding his followers with money and titles‚ he in-turn awarded them titles to lands and‚ in turn depleting the native-landholders of their lands. However‚ William claimed ultimate possession of virtually all the land in England over which his armies had given him de facto control‚ and asserted the right to dispose of it as he saw fit. Henceforth
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the fulfilment of rights and choices of individuals with dementia while minimising risk of harm WORD MEANING RIGHTS Human rights; independence; respect; freedom to do what I want; to protect myself and my property; to be heard; to vote; to express my sexuality; right to an education/work. RISK Danger; part of life; unacceptable or acceptable; who’s risk? risky activities; risk of harm; injury; protection. CHOICE Independence; ‘my life’; variety of; priorities; making the right choice; making
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Prapatporn Trirattanawaraporn URPA 5309 DOES FEDERALISM SECURE OR UNDERMINE RIGHTS? The concept of federalism is a system of government in which sovereignty is constitutionally divided between the federal government and the states (a packet of readings for URPA 5309‚ 2014-2015‚ p.1). As federalism is defined in many shapes and sizes‚ but basic principles of being a citizen has allegiance to more than one level of government. For example‚ in the United States‚ one is a citizen of both state and
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that all men are created equal’." -Martin Luther King Jr. The Civil Rights movement may have started out on a mission to improve the lives of the large population of African-Americans‚ but who would have guessed that King’s quest for racial integration would provoke the same quest for individual rights by another completely different group of people‚ this time the Gay and Lesbians of society. The quest for equal rights by people‚ who had unjustifiably been repressed for hundreds of years‚ would
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Patient Bill of Rights All patients have the right to receive safe service that respects all of their core values. This paper will focus on the patient’s bill of rights. It will explain it meaning and how it is set in place to aid the patient. This paper will list two obligations found in the bill of rights. It will also explain which rights are currently provided in the sanction of law. The basic rights of human beings‚ such as concern for personal dignity‚ are always of great importance
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Proprietary estoppel is a powerful equitable legal concept; used as both a ‘sword’ and a ‘shield’ which distinguishes it from other equitable concepts. To have a successful claim within proprietary estoppel three basic requirements must be fulfilled‚ as quoted by Ying Khai Liew: “B induces A to assume‚ through a promise‚ assurance or acquiescence in A’s mistaken belief‚ that B will cede an interest in property he or she owns to A‚ and A detrimentally relies on the assumption” This essay will
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April 2013 Animal rights are benefits that humans give to animals‚ including the right of protection from user and abuse by people. Do you agree or disagree? For decades‚ the question “Do animals have rights?” has been examined from many different angles. People contend that animals do or do not have rights based on several factors‚ including whether animals can learn‚ can use language‚ are conscious‚ are able to suffer‚ and are ethical beings. Whether and which animals have rights depends on which
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Collective rights are the rights guaranteed to certain groups in Canadian society for historical and constitutional reasons. In Canada Aboriginal peoples; such as the First Nations‚ Inuit‚ and the Métis‚ the Francophone and the Anglophone populace are recognized as the founding peoples of Canada. The rights belonging to the groups are entrenched in the constitution because they are a part of the collective identity and are the founding peoples of Canada. Rights develop over time; they are not things
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The right to vote‚ or the right to freely speak are things that we‚ as citizens‚ posses. We as citizens have rights‚ and then we have responsibilites. Citizens are expected to know and understand the rules that the government has presented to us‚ and abide by these rules for our freedom. In 1791‚ the Constitution of the United States was amended and we were given the ten amendments‚ which is also known as the Bill of Rights‚ to protect our freedoms. The Bill of Rights is a list of the rights citizens
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