Land Law - Proprietary Estoppel Essay - 2381 Words.
Promissory estoppel delves into the variation of the legal rights emanating from the initial relationship between the two parties (Chitty, 2012, 427). Proprietary estoppel operates both as a shield as well as a sword. According to Chitty (2012), proprietary estoppel operates under the ambit of the law of propriety.
This sample essay on Proprietary Estoppel Essay offers an extensive list of facts and arguments related to it. The essay’s introduction, body paragraphs, and the conclusion are provided below. There are three exclusions to the regulation inPinnel’s instance. They are composite understanding, payment of debt by 3rd party and promissory estoppel.
For a claim of proprietary estoppel to be successful, the third person claiming must be able to satisfy the three requirements in Thorner v Major; representation, reliance and detriment. Goals for this section.
Proprietary estoppel can be in word as well as written while constructive trusts can only be in writing. Estoppel deals with the past and analyses whether there the promise has been finalized and if it is per the circumstance as was seen in the case of Walton v Walton (1994).
The first part of this essay explores the relevant rules of proprietary estoppel. Its second part considers how these rules differ from the comparable ones of common intention constructive trusts.
Proprietary estoppel (Establishing that the right is a proprietary estoppel): Has there been a clear and unequivocal statement relating to a promise of a specific asset, or assets, in exchange for a certain act or acts? If not, go to step 5. If “yes”, has the person to whom the statement was made altered their position to their own detriment?
Mrs Lothian was a cousin of the deceased. The deceased made a will in 1983 leaving her residuary estate half to Mrs Lothian and half to Mrs Lothian’s sister, Patricia Webb.
Analytical Essays; Essay on UK Land Law.. In the view of Lord Neuberger, he has affirmed the application of proprietary estoppel within section 2 of the Act without the requirement to refer to the concept of a constructive trust. When Lord Neuberger wrote “The Stuffing of Minerva’s Owl?. What is custom essay writing service?
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It was held that the non-necessity to prove detrimental reliance marks a significant point of departure from proprietary estoppel and a potential enlargement of the constructive trust, thus, it can be inferred that detrimental reliance is not a significant element to be proven in order to establish proprietary estoppel. However, the major.
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We will write a custom essay sample on The Doctrine of Proprietary Estoppel. divergence in judicial justification for ultimately reaching the same decision clearly begs the question as to whether proprietary estoppel is, in fact, a doctrine or a patchwork quilt of various ideas applied on a case by case basis. This is a preview of the 9-page.
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