Proprietary Estoppel - Lecture Flashcards
What is proprietary estoppel?
PE is an equitable doctrine which allows the enforcement of a promised interest in land
What are the 4 elements of proprietary as established in Cobbe v Yeoman?
- Landowner must make some form of representation
- Claimant must rely on the assurance
- Claimant must suffer dettrimant from reliance
- It must be unconscionable
Are ongoing negotiations an assurance?
No - They are ongoing so are not inding - Hon Kong v Humphrey
Are wills an assurance?
Generally not, but can be if repeated and stated in a way which implies unirrevocability -Gillet v Holt
How does context of an assurance affect whether it is an assurance?
Family more lenient - Griffiths v Williams
Business more strict - Cobbe v Yeoman
Can assurances be made by conduct?
Yes - Thorner v Major
A claim for PE must be based on the claimant’s detriment, what are examples of detriment?
Home improvements - Inwards v Baker
Unpaid service - Pascoe v Turner
Selling of land - Crabb v Arun DC
Describe the fats of Coombes v Smith
Woman had an affair and moved into partner’s house. Partner then kicked her out, tried to claim house on PE, no claim as didn’t base detriment of givingup her property on the assurance as moving into another’s house is a normal part of a relationship
Describe the facts of Maharaj v Chand
Woman moved in with partner, gave up own property as she was assured that she would always have a place to stay with partner. Then she was kicked out. Got house on PE.
What is the test for unconscionibility an where does it come from?
Unconscionability is the taking advantage of a promise made for gain. It is not unconscionable to dissapoint someone expectations though - Taylor’s Fashion v Liverpool Victoria Trustees
If proprietary estoppel is succesful does it create a proprietary interest?
No it creates an equity which is said to be ‘in cohate’ - which means it gives the right to a remedy which could be an interest in land
What are the 2 restrictions on remedies for an equity, how do they interact?
- The remedy cannot exceed the expectation
2. The remedy cannot exceed the detriment
What is the authority for the expectation rule?
Baker v Baker
Describe the facts of Jennings v Rice
A carer was told he would be alright after patient died. Created expectation of inheritance of large house. However this would have exceeded the detriment he had suffered (unpaid care for x number of years) so was given monetary value which was equivalent to purchase of small house and was within detriment
