Proprietary Estoppel Flashcards
1
Q
What are the Elements of Proprietary Estoppel?
A
Assurance:
- The Defendant makes a clear promise to the Claimant that it has, or will obtain, Rights in the Defendant’s Property.
- The Promise can be Express or Implied, assessed based on how the Claimant would have reasonably understood the Defendant’s words or conduct in the circumstances.
Reliance:
- The Assurance acts differently becaus of the Assurance, although it need not be the sole cause.
- Reliance is Presumed if the Claimant acts to its Detriment after an Assurance is made.
Detriment:
- The Claimant new course of conduct causes it a substantial disadvtange, financial or otherwise.
- This is assessed in light of any countervailing benefits and the unconscionability of the Defendant’s conduct.
- Common examples include expenditure, unpaid services, and foregone opportunities.
Unconscionability:
- It would be Unconscionable to allow the Defendant to Reneg on its Assurance based on an Objective Value Judgment.
Unlike Promissory Estoppel, this can be used as a Sword.
2
Q
What are the Remedies for Properitary Estoppel?
A
The Court has broad Discretion to fashion an appropriate Remedy to satisfy the Equity. This may include:
- Transfer of Owernship.
- Financial Compensation.
- Granting of Personal Rights.
- Granting of Proprietary Rights.
3
Q
Which Principles guide Awards in Proprietary Estoppel?
A
- Assurance as a Ceiling: The Remedy should not exceed what the Claimant was promised.
- Assurance as a Benchmark: The Remedy should seek to achieve what the Claimant was promised.
-
Adjustments only when Necessary: The Remedy should only be modified if granting the full Assurance would be in appropriate, e.g. due to:
- Changes in Ownership.
- Hardship to Third Parties.
- Premature Claims before the Assurance was due.
- Disproportionate Detriment relative to the Assurance.
- Defendant’s Election: If multiple appropriate Remedies exist, the Defendant chooses which to grant.
