He does not resile from his belief that values are high The data on the high price of the market is clean and factual.
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And, on top of all that, Iran might resile from the deal, further roiling an unstable region at risk of tit-for-tat nuclear proliferation.
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Having determined that the applicant's substantive expectation is legitimate, the court then has to determine whether there is any overriding public interest justifying the public authority's decision to resile from its representation, or whether fairness dictates that the representation should be given effect to.Ex parte Coughlan, p. 242, paras. 57–58.
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The plaintiff, furthermore, had not shown that the breach was material. Alternatively, Addleson argued that the Council had imposed the condition in question in the exercise of its statutory powers, and that the plaintiff could not resile by reason of such condition.Snyman v Fowlds 1950 (3) SA 74 (T).Sauerlander v Townsend 1930 CPD 55. The Council was legally entitled to impose these conditions under section 230 of the Cape Municipal Ordinance.
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It begins to operate as soon as the date by which notice to quit should have been given has passed. Thus the landlord of a dwelling-house let under a contractual tenancy cannot increase the rent until the end of the extended lease (and then only if he takes the appropriate action timeously); and the tenant for his part cannot resile from his obligations under the extended lease, whether he continues in possession or not.
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Justice Hidden, hearing the matter in the High Court, entered judgment for Coughlan. He held that the representations made by the Health Authority towards Coughlan and the other patients amounted to an explicit promise that Mardon House would be their home for life. The promise made was a promise to provide care at Mardon House, rather than at various unspecified locations as contended by the Health Authority. To resile from such a promise would amount to unfairness.
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It also set out the approach to be taken in safeguarding procedural and substantive legitimate expectations. Where procedural legitimate expectations were concerned, courts would require an opportunity for consultation to be given unless there was an overriding reason to resile from it (such as the national security concern that arose in the GCHQ case). As regards substantive legitimate expectations, courts would decide whether cases lie "... in what may inelegantly be called the macro-political field",. or are those "where the expectation is confined to one person or a few people, giving the promise or representation the character of a contract".
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On being so substituted, the new owner acquires, by operation of law, all the rights of the original lessor under the lease. At the same time, the new owner is obliged to recognise the lessee and permit him to continue to occupy the leased premises in terms of the lease, provided that he (the lessee) continues to pay the rent and otherwise observes his obligations under the lease. The lessee, in turn, is also bound by the lease. Provided that the new owner recognises his rights, the lessee does not have any option, or right of election, to resile from the contract on the alienation of the leased property by the original lessor.
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Iain Steele goes so far as to say: "In Coughlan, proportionality is the test that dare not speak its name".. In her discourse on Ex parte Coughlan, Melanie Roberts opined that the requirement of abuse of power could apply in cases of ultra vires promises as well. In deciding whether to allow a public body which had made a promise beyond its power to renege on its promise, the court would need to balance the public interest and the private interest, legality and certainty. If the private interest outweighs the public interest then the court should hold that it would be an abuse of power for the public body to resile from the representation..
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Other noted policy initiatives included the introduction of free school breakfasts, free access to swimming pools for children during school holidays and the abolition of prescription fees. However, the party faced strong criticism for appearing to resile from its manifesto commitment to scrap home care charges for people with disabilities. In the 2007 elections Welsh Labour's share of the vote fell to 32.2%, the second lowest share for the party in any Wales- wide polls since the UK General Election of 1923, and its number of seats fell by four (on 2003) to 26, 11 more than the second largest party, Plaid Cymru. On 25 May Rhodri Morgan was nominated as First Minister once again.
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At a gathering in Hong Kong on 1 September to explain the NPCSC decision of 31 August, deputy secretary general Li Fei said that the procedure would protect the broad stability of Hong Kong now and in the future. Pro-democracy advocates said the decision was a betrayal of the principle of "one person, one vote," in that candidates deemed unsuitable by the Beijing authorities would be pre-emptively screened out by the mechanism, a point from which Li did not resile while maintaining that the process was "democratic". About 100 suffragists attended the gathering, and some were ejected for heckling. Police broke up a group of demonstrators protesting outside the hotel where Li was staying, arresting 19 people for illegal assembly.
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In 1997, during a parliamentary debate, ACT MP Owen Jennings made a claim about an unnamed member of the Wool Board who had arranged a sponsorship by the NZWB for a rugby event, in order that he could take his mistress on the tour to carry on their "illicit affair". Whilst he did not name this official, most people knew he was talking about NZWB member Roger Buchanan. Unfortunately for Buchanan, as this comment was made in Parliament, Jennings was protected by parliamentary privilege. However, several months later, during an interview with The Independent newspaper, Jennings said that he “did not resile from his claim about the officials' relationship”, and as a result, Buchanan sued Jennings in defamation for his comments in the subsequent interview.
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It is an excretory function of the plants as it removes waste materials that it accumulated throughout the year. Self-pruning also serves the original purpose of deciduous plant which is to remove excessive parts deemed unnecessary by the plant that might be competitive for water and nutrients. Without the presence of leaves can reduce the excessive energy required to repair damages of leaves to keep them functional which can be caused by predation from insects or other physical factors. As deciduous plant species would commit to full abscission to survive environmental stress, they must expend the extra energy that evergreen species will never need to in order to regrow a full new foliage when the harsh environmental condition resile or approaching to the next growing season.
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In an obiter dictum in Nadarajah v. Secretary of State for the Home Department (2005), Lord Justice Laws set out a more structured form of merits-based review.. He expanded the categorical approach in ex parte Coughlan into a continuum based on proportionality, suggesting that in order for a public body's decision to resile from a legitimate expectation to be lawful, it must be "a proportionate response to a legitimate aim pursued by the public body in the public interest".Nadarajah, para. 68. By advocating proportionality in the court's approach towards protecting substantive legitimate expectations, Lord Justice Laws effectively paralleled the approach used by the UK courts when considering whether an interference with a right subject to qualifications protected by the European Convention on Human Rights is lawful.
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Where the agent is given or promised a secret benefit by the third party to a contract that is intended to influence the agent in that party's favour, the gift is a bribe, and the principal has the choice of repudiating the contract or affirming it, and obtaining such relief as the court may think adequate.Davies v Donald 1923 CPD 295; Mangold Bros Ltd v Minnaar & Minnaar 1936 TPD 48 at 54; Plaaslike Boeredienste (Edms) Bpk v Chemfos Bpk 1986 (1) SA 819 (A); Extel Industrial (Ply) Ltd v Crown Mills (Pty) Ltd 1999 (2) SA 719 (SCA). The basis of the principal's right to resile is not fraud but the wrongful and immoral act of the third party (see Plaaslike Boeredienste (Edms) Bpk v Chemfos Bpk). See Van der Merwe & Van Huysteen (1987) 50 THRHR 78.
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Mr Cobbe, a project manager/developer, claimed that the landowner Yeoman's Row Ltd had sat by and encouraged him to go to great expense in obtaining planning permission for a development, and should not be able to resile from an agreement in principle for the development site's sale. Yeoman's Row Ltd owned Knightsbridge land with 13 flats at 38-62 Yeoman's Row, London, SW3 2AH. They wanted to knock them down and build six terraced houses. One of the directors orally agreed with Mr Cobbe he would #at his own expense apply for planning to demolish the existing flats and put up the six-house terrace #after planning permission, and getting vacant possession the company would sell him the freehold for £12m #Mr Cobbe would develop the property as per the permission #the six houses would be sold and half the proceeds in excess of £24m would be given over.
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Counsel for the husband relied on the obiter words of Hoffman LJ in Pounds v Pounds: > "The agreement may be held to be binding, but whether it will be can be > determined only after litigation and may involve, as in this case, examining > the quality of the advice which was given to the party who wishes to resile. > It is then understandably a matter for surprise and resentment on the part > of the other party that one should be able to repudiate an agreement on > account of the inadequacy of one’s own legal advisers, over whom the other > party had no control and of whose advice he had no knowledge."Pounds v > Pounds [1994] 1 WLR 1535, 1550-1551, per Hoffman LJ He argued that all separation agreements should be binding, whether they are made before a marriage, after it, or once the marriage has already deteriorated. He argued that the case for recognising prenuptial agreements has strengthened since it has come to be accepted that both parties to a marriage are to be treated equally.
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And give full power and commission to the earls of Argyle, Linlithgow, Perth, and Queensberry, treasurer-depute, register, advocate, justice-clerk, general Dalziel, Lord Collington, and Haddo, to call and examine the said persons in torture, upon the said interrogatories, and such other as they shall find pertinent upon the said heads, and report." The Lord Haltoun was preses of this committee, and the Duke of York and many others were present. The preses told Mr Spreul, that if he would not make a more ample confession than he had done, and sign it, he behoved to underly the torture. Mr Spreul said, "He had been very ingenuous before the council, and would go no further; that they could not subject him to torture according to law; but if they would go on, he protested that his torture was without, yea, against all law; that what was extorted from him under the torture, against himself or any others, he would resile from it, and it ought not to militate against him or any others; and yet he declared his hopes, God would not leave him so far as to accuse himself or others under the extremity of pain.
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128 Thus in McCormick v Grogan,(1869) LR 4 HL 82 Lord Westbury justified secret trusts, saying: There have been two grounds on which this rule has been based. The narrower ground is that the trustee should be debarred from denying the existence of the trust because of his wrongful conduct at the time he made the undertaking, as identified by Lord Westbury in McCormick v Grogan. The wider ground extends to attempting to renege on the promise made during the testator's lifetime, even when his intention at the time of making the promise may have been to fulfill the testator's wishes. The wider ground appears to have been adopted by the Court of Appeal in Bannister v Bannister.[1948] 2 All ER 133 D. R. Hodge has argued that "acceptance of the narrower view would not only impose upon a person seeking to establish a secret trust the heavy onus of showing at what point of time the secret trustee decided to resile from his promise, but would also make the validity of the secret trust dependent upon what is in fact an irrelevant consideration".
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