Proprietary Estoppel

Question 1

what is PE

Answer 1

an exception to the legal rule

Question 2

what is the rule

Answer 2

A promises B an interest in land. B relies on that promise to their detriment. A is estopped from denying their promise.

Question 3

what is needed for inter vivos

Answer 3

written contract and deed

Question 4

what is needed in death

Answer 4

wills or intestacy

Question 5

can you use PE to sue

Answer 5

yes, can be used as a defence if being sued aswell

Question 6

when was estoppel revived?

Answer 6

after ww2

Question 7

central london property v high trees house

Answer 7

reduced rent during wartime. landlord couldn’t go back on that promise.

Question 8

can unconscionability be a form?

Answer 8

yes

Question 9

jennings v rice- what form is the case for

Answer 9

unconscionability

Question 10

jennings v rice 2002

Answer 10

J turned to a unpaid carer for R. R dies. J had to prove R promised him something. unconscionable

Question 11

what other case revived PE

Answer 11

thorner v major

Question 12

how many elements are there?

Answer 12

3

Question 13

what are the elements

Answer 13

representation, reliance and detriment

Question 14

re basham

Answer 14

Joan looked after stepfather, turned down other jobs and opportunities. expected to be left the house. “don’t have to worry about money, you will be alright”. clear and repeated representation. got the house

Question 15

what did re basham show

Answer 15

clear and repeated representation suffices.

Question 16

gillet v holt

Answer 16

H treated G as son on the farm. G worked for him since leaving school, repeatedly told would inherit the farm. witnesses and representation repeated.

Question 17

thorner v major

Answer 17

worked on farm for 29 years no pay, reasonable to assume he would inherit the farm. reasonable understanding

Question 18

greasley v cooke

Answer 18

unpaid maid to G. lived as wife. detriment was long running and mounted up over the years

Question 19

what is reliance

Answer 19

C acts to their detriment due to the representation made by D

Question 20

wailing v jones

Answer 20

Claimant can have mixed motives, promise of land doesn’t have to be the sole inducement

Question 21

what must the detriment be?

Answer 21

substantial

Question 22

greasley v cooke- detriment

Answer 22

expenditure of money is not a necessary element

Question 23

gillet v holt- detriment

Answer 23

expenditure of money is not necessary element as long as its something substantial

Question 24

henry v henry privy council

Answer 24

care or work could be detriment

Question 25

how many remedies are there

Answer 25

3

Question 26

what are the remedies,

Answer 26

proportional to the detriment, minimum equity to do justice, and what was promised

Question 27

what is the case for what was promised

Answer 27

pascoe v turner

Question 28

what is the case for proportional to the detriment

Answer 28

henry v henry- remedy must be proportional to the detriment

Question 29

what comes under minimum equity to do justice

Answer 29

something less than an interest in land or money

Question 30

what type of remedy is estoppel?

Answer 30

its a flexible remedy