Mr. Hope is a 40-year-old man who has resided at a long-term care facility for the past 10 years. The resident was originally admitted to the nursing home for his inability to care for himself secondary to advanced AIDS and complications from progressive multifocal leukoencephalopathy (PML). When he initially arrived at the nursing home, Mr. Hope was able to smile and appeared to respond to some of the staff’s requests. Now, he responds by wincing when told that procedures are being performed and especially when he is told that he has to go back to the hospital. He is extremely contracted, with his arms wedded to his chest in a crossed fashion, as though he is protecting himself from blows. Mr. Hope’s family consists of a partner, his parents, and one sibling. Numerous conversations have been had with the family, and according to the facility staff, “they persist in continuing aggressive measures with the hope that the patient will wake up and walk out of the facility.” What had been frequent visits to the local hospital ER have increased substantially in the last few months, for what appear to be new infections and pneumonia. During most visits he ultimately spends a few days in the hospital to resolve his acute issues. On his most recent return to the long-term care facility, the medical staff approached the family about Mr. Hope’s code status. The family continues to insist on a full code status and that he be provided every opportunity to “live.” The staff is very concerned about Mr. Hope and his welfare. Many of the nursing staff have grown attached to him over the years, and watching him deteriorate has been distressing. They see part of their role as being his advocate and supporting him in ways that his own family has not. They express very strong reservations about performing CPR on Mr. Hope because they think it will be ineffective and they will have to break his upper extremities in order to gain access to his chest for resuscitation. The staff has contacted the ethics consultation service with the request that Mr. Hope needs protection and that his own family is not making the best decisions for him.

The Case: Caregiving in Long-Term Facilities

This contribution focuses on collaborative practice and the mutual benefits which can derive from strategic partnerships between archives and academia. The study takes as its focus the establishmen...

Assessing the impact of collections-based collaboration across archives and academia: the Penrhyn estate archive

The thesis discusses the issue of whether the doctrine of proprietary estoppel is sound in theory and practice. It considers whether the doctrine is achieving its purpose as originally conceived in the courts of Equity and whether any challenges or controversies in its application and operation by the courts deter its purpose. The study unfolds in the context of its historical and contemporary development, its application and operation by the courts and also by comparison to similar equitable doctrines. It focuses on the case law analysis of proprietary estoppel and provides recommendations to address the controversies that beset the doctrine.

Is the doctrine of estoppel sound in theory and practice

ENGLISH ABSTRACT: This dissertation examines the approach to statutory formalities in South African law. It focuses primarily on formal requirements which result in nullity in the event of non-compliance, and in particular, on those prescribed for alienations of land (section 2(1) of the Alienation of Land Act 68 of 1981) and suretyships (section 6 of the General Law Amendment Act 50 of 1956).
To provide context, the study commences with a general historical overview of the development of formal requirements. It also considers the advantages and disadvantages of formalities. The conclusion is reached that an awareness of both is required if a court is to succeed in dealing with the challenges posed by statutory formalities.
The dissertation then considers more specific aspects of the topic of formal requirements, including the difference between material and non-material terms. It also reveals that the current interpretation of statutory formalities is quite flexible and tends towards a conclusion of validity if reasonably possible. However, cases involving unnamed or undisclosed principals present particular challenges in this context, and the possibility of greater consistency, without the loss of theoretical soundness, is investigated. A discussion of what should be in writing, and with what exactitude, necessarily involves a consideration of the extent to which extrinsic evidence is admissible. The interaction between formal requirements and the parol evidence rule is therefore investigated. Special attention is paid to incorporation by reference. After an examination of the common-law approach to this topic, the conclusion is reached that room exists for developing this area of South African law, especially where a sufficient reference to another document is concerned.
Rectification also enjoys detailed examination, due to the unique approach adopted in South African law. Where formalities are constitutive, a South African court first satisfies itself that a recordal complies with these requirements ex facie the document, before it will consider whether rectification may be appropriate. An analysis of both civilian and common-law judgments suggests that the South African approach is based on a misconception of the purpose of rectification. This leads to the further conclusion that the requirement of ex facie compliance should be abolished as a separate step and that a court should rather consider whether awarding a claim for rectification would defeat the objects of formalities in general.
Finally, the remedies available to a party who performs in terms of an agreement void for formal non-compliance and the effect of full performance in terms of such an agreement, receive attention. An investigation of the remedies available in other legal systems reveals that the South African approach of limiting a party to an enrichment claim is unnecessarily restrictive. It is argued that local courts should reconsider their exclusion of estoppel in this context, particularly in cases where one party’s unconscionable…

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Statutory formalities in South African law

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Aspects of the law of real property in England and Wales : a Welshman's perspective

/pdf/a-blend-of-english-and-welsh-law-in-late-medieval-and-tudor-3fw9n62xae.pdf

A Blend of English and Welsh law in late Medieval and Tudor Wales: Innovation and Mimicry of Native Settlement Patterns in Wales

Section 2(5) of the Law of Property (Miscellaneous Provisions) Act 1989: a misconceived approach?

In 1862 a text of medieval Welsh law, attributed to the tenth-century king Hywel Dda (Hywel the Good), was cited as part of the defence in a case, Attorney General v Jones, concerning disputed foreshore rights in Anglesey, north Wales This article aims to explain why and how Welsh law, effectively abolished by the Acts of Union of 1536–43, was deployed as evidence in the case and how far this marked a readiness to accommodate the distinctive legal heritage of Wales within the framework of the nineteenth-century common law As well as analysing the legal arguments presented, the article seeks to assess the broader significance of the case by setting it in the contexts of the Crown's increasingly vigorous claims to foreshores, the circumstances and attitudes of the real defendant, William Bulkeley Hughes, and antiquarian study of the medieval Welsh law-texts, including their use in previous mid-Victorian foreshore disputes

Gwilym Owen

Papers

A Blend of English and Welsh law in late Medieval and Tudor Wales: Innovation and Mimicry of Native Settlement Patterns in Wales

Section 2(5) of the Law of Property (Miscellaneous Provisions) Act 1989: a misconceived approach?

Medieval Welsh Law and the Mid-Victorian Foreshore

A New Model for Overreaching: Some Historical Inspiration

At Variance: The Penrhyn Entail