Land Law - Proprietary Estoppel Essay - 2381 Words.
The doctrine of proprietary estoppel cannot be established unless the claimant can prove that he has suffered detriment in reliance of the assurance and it can be in any form so long that it is not minimal or trivial. An example of detriment is to work for low pay or no pay as can be seen in the case of Gillett v Holt. As Campbell v Griffin and Jennings v Rice show, it is not necessary that.
Chapter 11: Licences and proprietary estoppel. Resources; Multiple choice questions. Self-marking multiple choice questions with instant feedback to test your knowledge of the subject. Outline answers to essay questions. Outline answers to the essay questions in the book. Further reading. Additional articles and links for further reading. Key facts checklists. Keep track of you revision with.
Proprietary Estoppel Essay. seeking to establish a proprietary estoppel must prove three things: (1) that the defendant’s assurances or conduct in relation to identified property were sufficiently clear and unambiguous in all the circumstances, (2) to lead the claimant reasonably to rely on those assurances or conduct; (3) by acting significantly to his detriment, so that it would be.
This chapter concerns two topics: the general remedies that equity offers to the legal system together with the proactive remedy that particularly concerns the recovery of land or shares: proprietary estoppel.You may have studied the topic of equitable remedies in contract law so, hopefully, this chapter should act as something of a reminder to you about these principles.
Proprietary estoppel will operate to restrict the unconscionable assertion of legal title.It is based on the inducement of an assumption by the legal title holder, which leads to the relying party suffering detrimental reliance.For proprietary estoppel to arise, the following conditions must be fulfilled (: Inwards v Baker): The legal title owner must have requested or allowed the relying.
Proprietary Estoppel and Promissory Estoppel Name: Institution: Estoppel is a principle that highlights the ways in which promises may actuate to binding obligations. Estoppel comes from the word, estopped, in common parlance means prevented or precluded. An estoppel is a legal doctrine that prevents one person from denying previous position or state of affairs. The importance of estoppel is.
Traditionally Proprietary Estoppel arose when a landowner assured another party he would receive an interest in his land, or when one party lead another to believe he had acquired rights to the land, or where the landowner encouraged the other party to spend money on the land or deal with it knowing he was mistaken about his legal rights but standing by and saying nothing. Dillwyn v Llewelyn.