Proprietory Estoppel

Question 1

What is proprietory estoppel

Answer 1

Promise made from one person to another upon which they rely and alters position. Person who made promise cannot go back on word

Registered owner of land may be estopped by denying interest of claimant as a result of detrimental reliance from promise made to them

Question 2

Criteria for proprietory estoppel

Answer 2

Claimant of equity makes a mistake to his rights

Claimant spent money on mistaken belief

Landowner knowledge as to other parties belief

Landowners knowledge that the belief is mistaken

Landowner encouraged claimant in his expenditure or acts

Question 3

Case which sets out the 5 criteria for proprietory estoppel

Answer 3

Willmot v Barber [1880]

Question 4

Which case replaced Willmott v Barber [1880]

Answer 4

Taylor Fashions Ltd v Liverpool Trustees Co Ltd [1982]

Question 5

Requirements under Taylor Fashions Ltd v Liverpool Trustees Co Ltd [1982]

Answer 5

A representation or assurance

Reliance on the representation or assuarance

Detriment or unconscionablity