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Question 1

What is another example of an equitable development?

Answer 1

Proprietary estoppel is another example of an equitable doctrine which has seen significant equitable developments since its establishment in Dillwyn v Llewelyn (1862).

Question 2

Proprietary estoppel

Answer 2

This is a means of creating a proprietary interest in land in the absence of following correct formalities.

Question 3

Gillett v Holt (2001)

Answer 3

It has been further developed by the Court of Appeal in Gillett v Holt (2001), where a broader approach to the doctrine was taken that depended on unconscionability of the action.

Question 4

Jennings v Rice (2002) and Costello v Costello (1995)?

Answer 4

Cases such as Jennings v Rice (2002) and Costello v Costello (1995) shows that the doctrine of proprietary estoppel remains an effective method used by the judges for the protection of licences and equitable rights.

Question 5

Protection depending on circumstance?

Answer 5

The degree to which the right receives protection is variable depending on the circumstances of the case.

Question 6

Matharu v Matharu (1994)

Answer 6

For example, in Matharu v Matharu (1994), the licence did not confer a beneficial interest but gave the respondent a right to live in the house for the rest of her life.

Question 7

Durant v Heritage

Answer 7

In Durant v Heritage the court ordered the house to be transferred to the applicant under the doctrine of proprietary estoppel.

Question 8

Jennings v Rice

Answer 8

In contrast, in Jennings v Rice the equity was satisfied by monetary compensation.