The Principles Of Law And The Principle Of Equitable Estoppel.

The equitable doctrine of proprietary estoppel 1 provides an exception as to when the legal owner (X) of a property cannot enforce their strict legal rights.

Proprietary estoppel protects a person who has a non contractual agreement over land but they have suffered a detriment due to them acting upon a reliance based on an assurance made by the claimant. There has been much discussion in recent case law and academic commentaries as to the elements which make up the nature of proprietary estoppel.

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Equitable Estoppel or representation of future conduct occurs where the Relying Party acted upon an assumption as to the future conduct of the Representor. Namely, the Representor induced the Relying Party to believe he will sign the contract in the future.

This is a viable option for both parties, as although there is no strict consideration for the promise, the equitable doctrine of promissory estoppel would apply to the agreement. If Jeff attempted to claim Chilly Foods were required to pay the full amount, due to the lack of consideration, Chilly Foods would be able to use promissory estoppel as a defence to prevent this.

Estoppel in English law is a doctrine that may be used in certain situations to prevent a person from relying upon certain rights, or upon a set of facts (e.g. words said or actions performed) which is different from an earlier set of facts. Estoppel could arise in a situation where a creditor informs a debtor that a debt is forgiven, but then later insists upon repayment.

Equitable Estoppel: A legal principle that bars a party from denying or alleging a certain fact owing to that party's previous conduct, allegation, or denial. The rationale behind estoppel is to prevent injustice owing to inconsistency or Fraud. There are two general types of estoppel: equitable and legal. Equitable Estoppel equitable.

Proprietary And Equitable Estoppel notes and revision materials. We also stock notes on Property, Equity and Trusts 1 as well as Law Notes generally. Why not see if you can find something useful?

Free Essays on Promissory Estoppel. Search.. Consideration can come in many forms such as; tangible payment or performance of an act. Describe promissory (equitable) estoppel from Chapter 8 Page 191.. Foodmart Inc. Essay. alternative, for promissory estoppel. Under breach of contract Harry would hold no case as there was no formal.

Case Law: Doctrine of Estoppel, Constructive Trust Essay. Extract of sample Case Law: Doctrine of Estoppel, Constructive Trust. Estoppel is an equitable doctrine that proposes that a person who requests the courts to give a legal remedy should posses a clear conscience.

Therefore, C has a “mere equity” in the shop on the basis of estoppel (Inwards). Thus, the priority dispute is between an earlier equitable interest (or a mere equity) against a later legal interest. In both cases, the rule is the later legal interest will prevail if taken by a BFP (Pilcher v Rawlins; Latec).

The doctrine of promissory estoppel is an equitable doctrine that has arisen to mitigate the harshness of the rule that emanated from the case of Foakes v Beer which states that part-payment of debt is never good consideration for a promise to discharge the entire debt. Though hard to define, promissory estoppel is the idea that one can be.