The Proposition That ‘Equitable Estoppel Is a Flexible Doctrine

The proposition that trusty estoppel is a flexible doctrine... but it is non a joker or half-baked card to be collapse whenever the court disapproves of the conduct of a litigant who seems to generate the legality on his side was the start point for master winder Walkers judicial decision in the recent shield of Lords decision yeomans rowing Management suppress v Cobbe [2008] UKHL 55. In the aforesaid(prenominal) case, Lord Scott stated that branded estoppel requires uncloudedness as to what it is that the endeavor of the estoppel is to be estopped from denying, or asserting, and pellucidness as to the concern in the topographic point in dubiousness that that denial, or assertion, would otherwise defeat. If these requirements argon not recognised, proprietary estoppel give way lose contact with its grow and risk becoming unscrupulous and therefore unpredictable, if it has not already done so. Unfortunately, in yeomans wrangling, the Lords collect done little to bewilder through this difficult area. turn subtle and perhaps soppy distinctions impart been drawn in an attempt to confine the doctrines of proprietary estoppel and structural trust, incautious dicta have now cast suspect on some well- formal principles. yeomans Row own a property and entered into an light oral agreement with Mr Cobbe that Mr Cobbe would apply for readying agree for residential ontogenesis.

Once mean license was granted, Yeomans Row would plow the property to Mr Cobbe for £12m, cocksure 50% of any arrant(a) proceeds of sale of the property achieved later on development in excess of £24m. afterward Mr Cobbe obtained planning consent (at an assert cost to himself of around £200,000), Yeomans Row refused to sell the property to him at the previously agreed price. two in the present case and in the Court of speak to it was contumacious that, by relying on the unceremonial agreement, and by making a substantial investment in the successful planning process, Mr Cobbe had established a proprietary estoppel. He was therefore awarded an equitable interest in the property and was...If you requisite to get a dependable essay, order it on our website: Ordercustompaper.com

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