Proprietary Estoppel

Question 1

5 conditions for Proprietary Estoppel (old)

• claimant must have made a mistake as to his legal rights
• claimant must have spent money or done some act on the faith of his mistaken belief
• defendant, as holder of the legal right, must know of the existence of his own right which is inconsistent with the right of the claimant
• defendant must know of the claimants mistaken belief
• defendant must have encouraged the claimant in his expenditure of money or the other acts performed, either directly or by abstaining from asserting his legal right

Answer 1

Wilmot v Barber

Question 2

New conditions for PE

• a representation or assurance
• a reliance on the representation or assurance
• detriment
• unconscionability

Answer 2

Taylor Fashions v LV Trustees

Question 3

Conditions for a valid contract - PE can be used where some form of promise given but where this statute has not been complied with

Answer 3

S2 LP(MP)A 1989

Question 4

Oral agreement for sale of land. Requirements for PE has not been met because there was not complete oral agreement. Only specific express representation would suffice

Answer 4

Yeomans Row v Cobbe

Question 5

Farm and family case - even silence could constitute to an assurance

Answer 5

Thorner v Major

Question 6

Courts have used the idea of taking a holistic view to gloss over the 3 requirements in Taylor Fashions

Answer 6

Suggitt v Suggitt