Equitable Estoppel Doctrines
A review of the common law and equitable Estoppel Doctrines within Australian law.
Persuasive Essay # 111475 |
3,553 words (
approx. 14.2 pages ) |
0 sources |
MLA | 2008
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$ 59.95
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Abstract
The paper notes that the Estoppel doctrine is in a state of flux, with differing judicial proponents arguing over the existence and need for 'but one doctrine of Estoppel by conduct' within the Australian judicial system. This paper establishes the origins and elements of the common and equitable Estoppel and illustrates that they are, and should remain, separate. The paper also defines the posited unified doctrine, and the subsequent inconsistencies and issues thwarting its judicial acceptance. These include significant differences between the common and equitable Estoppel by conduct doctrines , their underlying purpose, and their remedial application. The paper submits that, until proponents of the unified doctrine refine and reconcile these differences, this doctrine remains largely theoretical, lacking any real judicial consistency.
The paper uses MLA style footnotes but does not include a works cited page.
Outline:
Introduction
Development of Common Law Estoppel
Development of Equitable Estoppel
The Unified Doctrine of Estoppel
Estoppel as an Evidentiary Remedy, or a Separate Cause of Action
The Underlying Purpose of the Two Doctrines
Remedial Differences
From the Paper
"Their honours held that a mere intention to form a legal relationship surpassed the need for a pre-existing relationship , which was further refined in Verwayen , discarding this requirement altogether. In Verwayen's case, the plaintiff was seeking to estopp the commonwealth from raising a grounds of defence which they had represented they would not utilise ; a representation which was relied upon in engaging legal council. Their honours found that no form of legal relationship could be formed, but held that an 'equity' protecting them from this defence remained.The equitable doctrine can also be utilised as a separate cause of action . Justice Mason and Wilson distinguished Holmes J's contention that the doctrine of consideration would be undermined , relying on the notion of 'unconscionability' as permitting intervention and creation of equitable rights."
Tags:integrity, procedural, limitations, inconsistencies, decisions, promise, prediction, statement, of, intention
Looks at the necessary consonance of the Doctrines of Scripture, which are inspiration, inerrancy and authority.
Term Paper # 119788 |
4,600 words (
approx. 18.4 pages ) |
18 sources |
MLA | 2010
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$ 71.95
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Abstract
This paper argues that the Bible, being inspired, is of necessary consequence inerrant and infallible and, as such, is indeed reliable as the only source and norm of all Christian knowledge and authority. To support this claim, the author looks at the Bible as the inspired word of God from the view of Jesus and the Apostles. Next, the paper investigates historical doctrine and evangelical controversies to inquire if the inspired word of God is both inerrant and infallible.
Table of Contents:
Introduction
Definitions
The Bible Is the Inspired Word of God
Jesus' View of Scripture
Apostolic View of Scripture
The Inspired Word of God Is Both Inerrant and Infallible
Historic Doctrine
Evangelical Controversies
Fuller
Enns
The Inerrant and Infallible Word of God Is Authoritative
Conclusion
From the Paper
"In 1967, Daniel Fuller delivered a paper before the Evangelical Theological Society wherein he laid the groundwork for what may be called a doctrine of partial inspiration. In it, he argued that the concept of biblical inspiration defended by Warfield was deficient. Or, perhaps more to the point, that Warfield concluded that which he could not prove. For Fuller, the matter of inerrancy is defined by what he calls the "doctrinal verses" of Scriptures (the "many verses in the Bible which have something to say about the nature of the Bible as being the inspired Word of God." such as 2 Timothy 3:16 )."
Tags:justification, obedience, reference, neo-orthodoxy, revelation
Examines three legal doctrines: criminal liability, strict liability and justification of criminal conduct.
Descriptive Essay # 105163 |
1,535 words (
approx. 6.1 pages ) |
6 sources |
APA | 2008
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$ 30.95
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Abstract
This paper relates that criminal liability is the idea that elements of a crime need to be proven beyond a reasonable doubt and should be proven to have been committed by the defendant. The paper also relates that strict liability assigns some minimum level of social behavior and conformity to the actions of individuals; hence, it does not require the principle of mens rea to hold. Next, the paper reports that justification of criminal conductrefers to any act that would ordinarily be considered a crime but is negated by the fact the action was used to mitigate some aspect of criminal activity.
Table of Contents:
Criminal Liability
Strict Liability
Example 1
Example 2
Example 3
Justification of Criminal Conduct
From the Paper
"Self-defense as a justification for criminal conduct is not uncommon and simply refers to actions taken by an individual to prevent another individual from inflicting harm. For example, if a burglar enters an individual's premises and during a struggle gets killed, this can be classified as self-defense. However, choosing to not walk away from a challenge and killing or hurting an individual who attacked, may not be self defense.
"The defense of others is similar to the self-defense scenario above except the act of defense is done by another party."
Tags:measurable, principle, self-defense, culpability, hospitals
A look at the transition from a Biblical understanding of God and Christ to a doctrinal one.
Essay # 40299 |
1,150 words (
approx. 4.6 pages ) |
3 sources |
2002
|
$ 23.95
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Abstract
This paper is a look at the transition from a Biblical understanding of God and Christ to a doctrinal one. The orthodox view of Jesus as a divine being, yet human person begins the discussion, as well as a look at the orthodox view of God's three-fold nature. The discussion then moves into how early Christianity arrived at these ideas, and looks at some early positions that deviated from the orthodox ideas.
This paper discusses both Thomas Aquinas' and John Scotus' view of realism and nominalism.
Essay # 27974 |
1,398 words (
approx. 5.6 pages ) |
3 sources |
MLA | 2002
|
$ 27.95
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Abstract
This paper discusses the 14th century nominalist and realist approaches to describing reality, and examines the attempts of Thomas Aguinas and John Scotus to solve the discrepancies and insufficiencies they saw in these approaches.
From the Paper
"To the modern, the problem of universals is one of symbolic logic, whereby symbolic words are used to define systems that describe differing sets of material objects. However, in the intellectual and ecclesiastic circles Paris of the 14th, this was a metaphysical problem; in its solution the structure of God's reality could be understood. In that time, two solutions to the problem of universals were commonly known: that of nominalism and that of realism."
Tags:fundamental, doctrines, of, realism, and, nominalism, problem, of, universals, knowledge, of, reality
A discussion of Hindu religious tradition in regard to ecological values of the past and applications to today's ecological problems.
Analytical Essay # 24396 |
1,125 words (
approx. 4.5 pages ) |
6 sources |
2002
|
$ 23.95
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Discusses Hindy religious tradition in regard to ecological values of the past and applications to today's ecological problems. Hindu texts and rituals that glorify the earth, atmosphere and sky. Vedic concept of the five great elements. The philosophy in the "Bhagavad Gita." Supersensory states and knowledge. Protection of the world.
From the Paper
"The Ecological Doctrines of Hinduism
Introduction
Many of the great civilizations and cultures of the past believed in the sacredness of our planet, naming their gods after the sun, the earth, the moon and stars, as well as the four basic elements: earth, air, water and fire. While we are inclined to think of the ancient beliefs and stories of these peoples as primitive (e.g., the Hopi Indians, the Maya, the Babylonian Epic of Gilgamesh, the Hindu Manu Simtri, the Chinese Sing-Li-Ta-Tsiuen-Chou), serious study is being given to re-examining these references today as ecological resources that we may have sadly overlooked.
This paper will specifically study the Hindu tradition, probably the..."
Equity: Equitable Doctrines
An analysis of to what extent the Courts are willing to overlook equitable maxims in order to achieve practical justice.
Research Paper # 62251 |
3,825 words (
approx. 15.3 pages ) |
6 sources |
APA | 2005
|
$ 62.95
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Abstract
This paper endeavors to establish whether six influential judicial decisions have extended orthodox equitable principles as an effort of achieving practical justice. The maxims of equity are closely adhered to as its principles are reflected and upheld via a strong body of case law. It looks at how, despite equity's tendencies of protecting their maxims as a means of providing a flexible alternative to the common law, some modern judicial activists as well as academics have sought to expand, and at times overlook the nexus of equitable principles in order to achieve practical justice.
Outline
Introduction
The Impact of Six Influential Judicial Decisions
From the Paper
"Equally, the growing significance the utilitarian application of trusts for commercial purposes have implied a more modernized approach of trusts law. Consequently, this essay will also examine whether equity has departed from its traditionally devised means of providing trusts over land and over the family home to become a method of aiding and protecting many commercial dealings. Indeed, it may be argued that orthodox principles of equity are aptly suited to the historical applications of trusts in the context of family settlements, however lack real significance in the modern world of commerce and forms of increasingly complex trusts."
Tags:fiduciary, law, principles, probate, quistclose, trusts
An analysis of the invasion and occupation of Iraq and the Bush Doctrine.
Analytical Essay # 133121 |
2,250 words (
approx. 9 pages ) |
8 sources |
APA |
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$ 41.95
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Abstract
The paper discusses how the invasion and occupation of Iraq is the direct result of the Bush doctrine of preemptive war. The paper relates that this doctrine was presented in The National Security Strategy of the United States of America (2002) which states that the Bush doctrine consists of, "defending the United States, the American people, and our interests at home and abroad by identifying and destroying the threat before it reaches our borders."
From the Paper
"The invasion and occupation of Iraq is the direct result of the Bush doctrine of preemptive war. This doctrine was presented in The National Security Strategy of the United States of America (2002) which states that the Bush doctrine consists of, "defending the United States, the American people, and our interests at home and abroad by identifying and destroying the threat before it reaches our borders." In accordance with this new national security strategy, the NSS (2002)..."
Tags:bush, doctrine, iraq
This paper looks at the Monroe Doctrine of 1823 and discusses its significance in the path for American independence.
Essay # 6961 |
1,215 words (
approx. 4.9 pages ) |
3 sources |
MLA | 2002
|
$ 24.95
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In this paper, a history of the reasons and need for the Monroe Doctrine are thoroughly examined. The Doctrine was a powerful statement but the U.S. had very little power of enforcement. Reasons behind this are discussed. This paper also shows how the Monroe Doctrine appeared on the surface to be an American declaration of independence from a colony-hungry Europe but in fact the document had many weaknesses.
From the Paper
"By the early 1800s, America was becoming its own country and trying to separate itself from Europe. The United States wanted to prevent future colonization of the Americas by European countries and attempted to accomplish this by issuing the Monroe Doctrine. The Monroe Doctrine of 1823, designed to discourage European nations from colonization that would threaten America, was merely a declaration of America's independence, not a demonstration of it."
Tags:1823, adams, alliance, america, colonization, congress, doctrine, european, james, john, latin, monroe, oregon, quincy, territory, vienna
A review of C R Smith's "The Biblical Doctrine of Sin".
Essay # 36193 |
1,150 words (
approx. 4.6 pages ) |
1 source |
2002
|
$ 23.95
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Abstract
A book report of "The Biblical Doctrine of Sin" which presents the definition and biblical representation of sin and it's meaning for humans.
Tags:biblical, doctrine, sin