Proprietary Estoppel Flashcards
What is PE?
An equitable doctrine that allows for the transfer of land depsite formalities not beung met
PE - Thorner v Major:
1. representation/assurance
2. which C relies on
3. to their detriment
4. it would be unconcionable to not enforce the transaction [Gillet v Holt]
Representation case
Thorner v Major
- worked on a farm for long hours and no wage
- hints were made that the farm would be left to C
- so he never seeks employmnet elsewhere
- D left him the farm in the will and money to others
- D then fell out with these other people so terminated his will
- therefore, he died intestacy
- representation must be ‘clear enough’ - Walker LJ
- Hoffmann arugues to look at the context
VS. commercial cases = Cobbe v Yeoman’s Row Management = no interest in the property given for the work completed, only paymnet for the work as C was an experienced developer in the commerical world where assurances are not binding
Reliance case
Wayling v Jones - causation test = ‘a’ factor not ‘the’ factor
Detriment case
Gillet v Holt
- gold caddy [G] to H quits school to work on his farm
- G rises and becomes farm manager
- G’s kids call H ‘uncle’ as they were close
- H drops hints that imply that G will get the farm
- break down of relationship occurs
- G is dimissed from the farm and will
- There is a representation and reliance, but G was paid a wage, it was less that average, but the concern was whetehr this amounted to detriment
- Dixon = detriment is what will be siffered, if PE does not step in - so unconcionability
- Also, lost life arguemnt - he could have worked elsewhere, made more money, et cetera
- So, it was held that he had suffered a substantial detriment
Remedy
Sometimes detriment and the remedy are nto equal/proportionate
Crabb v Arun = carer promised house, the value of labour was far less to the house as she died earlier
Guest v Guest = leading case
- son promised ot inherit the farm
- relationship broke down whilst parents were alive
- so legal proceedings were whilst they were alive, as the house cannot be ordered to be sold to enforce the share
- result = the son’s share was put on trust ot compensation could be paid for early payment
- so PE was found
