“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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Lloyds Bank v Carrick 13. Birmingham Midshires Mortgage Services Ltd v Sabherwal 14. City of London Building Society V Flegg Statutes : 1. LRA 1925 S. 70(1)(g) ‘’Critically assess the 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
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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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Proprietary estoppel protects a person who has a non contractual agreement over land but they have suffered a detriment due to them acting upon a reliance based on an assurance made by the claimant. There has been much discussion in recent case law and academic commentaries as to the elements which make up the nature of proprietary estoppel. Unconscionaibility is a major point for discussion in deciding whether it should be treated as a separate element or if it is linked into the three main elements
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1. Compare the adoption of Open Source Software with the adoption of Proprietary Software. Open source Software have many advantages over Proprietary Software. Some of them are as the following: Free Support If open source bundle is being used or coordinated efficiently‚ it has the same worldwide group of clients and engineers accessible for making queries and regulation. Bolster incorporates definite documentation‚ gatherings‚ wikis‚ newsgroups‚ email records and live visit. Try Before You
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Proprietary Versus Contract Security Proper security measures play a huge role in the successful operation of an organization. As the security manager for a company that manufactures high-tech components for an international automobile manufacturer I have been tasked with finding new personnel to ensure security measures are met. There are two different types of security I can choose from; proprietary and contract security. I have done extensive research on the two‚ to help me make the correct
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Proprietary versus Contract Security Timothy W. Hall SEC/320 18 February 2013 Jeff Horn As an organization grows so must the security‚ and it has to be on the top of the list. When considering what type of security to choose‚ either proprietary or contact‚ they need to look at the value of the organization? This value within the organization will need some sort of protection to deter theft‚ vandalism‚ and destruction. The boardroom conversation could to from‚ “We have nice stuff” to
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Proprietary versus Contract Security Tracy R. Williams SEC/320 September 18‚ 2012 Mr. Ted Zalewski Security Many types of security are in existents today‚ site or mobile patrol; loss prevention functions; special events security; in-house security functions and private investigations are some of the tasks. Choosing the right one for the needs of any establishment should be one of the ultimate goals of the business. This paper will focus on proprietary and contract security in particular
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Contract Security vs. Proprietary Security Christopher R Raetano University of Phoenix Security is an essential part of any organization. Our manufacturing plant is no different. In this manufacturing plant we are tasked with making high-tech components for an international automobile manufacture. It is our responsibility as a company to ensure that those components reach the manufacture in a timely manner and intact. Because of the cost associated with the manufacturing these high-tech
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Proprietary vs. Contract Security Paper Security today has been on the top of many companies and businesses list of priorities. Where in the past a single security guard proved sufficient‚ today alarmed sensors‚ metal detectors and security guards are required to conduct the same security. The need for some type of security implementation is necessary in every business. There are a few options when considering the hiring of security. A company’s first need is to decide how much money it wants
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