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Words: | Submitted: Mon Mar 22 2004
... manner in which the courts will satisfy the equity. It is the first of these aspects of the doctrine that I will examine in this essay. I will look at the shift in the evidentiary requirements and what a representation (or an assurance of rights), a reliance (a change of position on the basis of that assurance) and a detriment (or unconscionable disadvantage) - the three pre-requisites for a successful claim - have come to mean with regard to case law and in particular the judgement of Judge Robert Walker in the Court of Appeal in Gillett v. Holt1, in which the plaintiff had been given repeated assurances over many decades that he would inherit the defendant's estate, and remained in service to him at least partially on that basis until the promises were finally rescinded. In that case, Walker J referred to the need to "look at the case ...
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