Principle

EQUITY AND TRUSTS – Laches and Acquiescence – Nature and Elements – Conduct Amounting to Fraud Required to Deprive Legal Owner of Rights

Area of law
EQUITY AND TRUSTS
Court
Supreme Court

A legal owner will not be deprived of rights unless their conduct makes it fraudulent to assert them. Five elements constitute such fraud: (1) plaintiff's mistake as to legal rights; (2) plaintiff's expenditure or acts in reliance on that mistake; (3) defendant's knowledge of their…

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