Proprietary Estoppel

Question 0

2) Reasonable reliance detriment

Answer 0

Burden of proof on X to show that there was. I reliance by Y, Greasley v Cooke

Thorner v Major
Gillet v Holt

Question 1

1)

Answer 1

Representation or assurance by X

That Y will receive a proprietary interest

• Pascoe v Turner : the house and everything in it is yours
• Coombes v Smith : you’ll always have a roof over your head
• Yeomans row management v Cobbe

Encouragement acquiescence by X

• awareness of Ys reliance, Crabb v Arun DC
• awareness of detriment not necessary, Taylor fashions
• Thorner v Major : giving life insurance bonus

Question 2

3) Remedy

Answer 2

Cannot exceed Y’s expectation, Baker v Baker and Baker

Court will give the minimum to satisfy equity, Sledmore v Dalby

Method, Jennings v Rice
- where the parties bargained in reasonably clear terms, relief should vindicate the expectation of Y
- where the terms are unclear, the court should exercise discretion, taking into account
Y’s expectation
Parties conduct
Need for a clean break
Y’s current circumstances