How can I make neighbour pay his fair share?

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Re: How can I make neighbour pay his fair share?

Post by ukmicky »

I normally only post replies that are necessary or where the answer may be hard to find , as I have a very busy life. What is required for a contract to be deemed a legally enforceable under the law is very easy to determine with a few minutes worth of research. Someone taking the time to research the answer themselves is often the better course of action as they will normally learn more than they will from a reply in a forum.

In regards to equity.

In this country we basically have two ways for someone to gain legal redress in the courts . The courts of law for Statute and Common law decisions and the courts of equity where no illegal or unlawful conduct has occurred but due to someone's actions some form of remedy under fairness is required.

So If an agreement turned out not to be a contract and therefore enforceable under the law ,there could be an argument depending on the specific facts of the case that the agreement could to some degree be enforced in the court of equity (fairness ) . However fairness goes both ways which is why it is important not to let something drag on as by doing so it can lead to a situation where it would not be fair for a court to establish an equity due to how long the claimant had waited before he tried to act on the promise or seek redress in the courts.

The general requirements for an estoppel to arise is below
  • A representation or assurance has been made to the claimant which the claimant has relied on and then he or she has then suffered a detriment as a result of the reliance.
This normally however requires someone to lose out financially due to them spending out as they have relied on the promise of the person they had the agreement with but there have been cases where an equity has been established where there has been no finacial detriment .
Any information provided is not legal advice and you are advised to gain a professional opinion
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