Proprietary Estoppel Flashcards
What are the requirements for a valid contract for the sale or disposition of an interest in land under LP(MP)A 1989, s.2?
It must be:
1) In writing;
2) In a single document incorporating all expressly agreed terms;
3) Signed by both parties.
What are the formal requirements for a valid will under the Wills Act 1837, s.9?
1) Be in writing;
2) Signed by the testator (or someone in their presence and by their direction);
3) Intended to give effect to the will;
4) Witnessed by two people who sign in presence of testator and each other.
What was the facts in Crabb v Arun DC?
1) Crabb relied on Council’s conduct (installing gate) to sell Plot 1.
2) No formal grant or contract for access.
3) Council later removed access (gate).
What was the ruling and principle in Crabb?
Crabb had a proprietary estoppel equity - Council ordered to grant access right. Estoppel can arise from reasonable reliance on conduct, even without formal agreement.
Why did Cobbe fail in his proprietary estoppel claim?
No binding contract; only informal “gentleman’s agreement.”
Negotiations were incomplete; terms still to be agreed.
HL held: Proprietary estoppel cannot override statutory requirements under LP(MP)A 1989 s.2.
What was the principle in Cobbe?
Lord Scott: Equity cannot contradict statute. Unconscionability alone isn’t enough without clear assurance.
How did Thorner v Major clarify assurance for estoppel?
Oblique remarks + long-term conduct gave rise to a reasonable expectation.
D worked 30+ years unpaid, believing he would inherit.
Assurance need not be express or definite—context matters.
Held: Proprietary estoppel successful. Equity arose from implied assurance and reliance.
What happened in Guest v Guest?
Longstanding work and clear assurance raised an equity. Andrew was later disinherited, created a legal dispute.
What was held in Guest?
Estoppel equity existed. Focus of appeal was quantum of remedy: Majority (Briggs): Remedy should reflect expectation loss – e.g. value of promised inheritance. Dissent (Leggatt): Remedy should reflect detriment suffered – e.g. unpaid work and lost earnings.
