The classic exposition of the modern law was set out in [ case ]at 170 by Lord Kingsdown, and subsequently in Wilmott v Barber (1880) 15 Ch D 96 at 105- 6 by Fry J. The requirements set out in those cases, known as ‘the probanda’, were strict and can be summarised as follows:
The Claimant (C) must have made a mistake as to his rights over the owner’s (O) land.
C must have spent money or done some act because of the mistake.
O must be aware of his own rights.
O must also be aware of C’s mistake.
O must have encouraged C, either directly or indirectly, by not asserting his own rights.
Answer
Ramsden v Dyson (1866) LR1HL 129
Tags
#land #law #proprietary-estoppel
Question
The classic exposition of the modern law was set out in [ case ]at 170 by Lord Kingsdown, and subsequently in Wilmott v Barber (1880) 15 Ch D 96 at 105- 6 by Fry J. The requirements set out in those cases, known as ‘the probanda’, were strict and can be summarised as follows:
The Claimant (C) must have made a mistake as to his rights over the owner’s (O) land.
C must have spent money or done some act because of the mistake.
O must be aware of his own rights.
O must also be aware of C’s mistake.
O must have encouraged C, either directly or indirectly, by not asserting his own rights.
Answer
?
Tags
#land #law #proprietary-estoppel
Question
The classic exposition of the modern law was set out in [ case ]at 170 by Lord Kingsdown, and subsequently in Wilmott v Barber (1880) 15 Ch D 96 at 105- 6 by Fry J. The requirements set out in those cases, known as ‘the probanda’, were strict and can be summarised as follows:
The Claimant (C) must have made a mistake as to his rights over the owner’s (O) land.
C must have spent money or done some act because of the mistake.
O must be aware of his own rights.
O must also be aware of C’s mistake.
O must have encouraged C, either directly or indirectly, by not asserting his own rights.
Answer
Ramsden v Dyson (1866) LR1HL 129
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Open it The classic exposition of the modern law was set out in Ramsden v Dyson (1866) LR1HL 129 at 170 by Lord Kingsdown, and subsequently in Wilmott v Barber (1880) 15 Ch D 96 at 105- 6 by Fry J. The requirements set out in those cases, known as ‘the probanda’, were strict and can
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