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 wild card to be employ whenever the court disapproves of the conduct of a litigant who seems to generate the uprightness on his side was the starting point for master detect Walkers judgment in the recent place of Lords decision yeomans rowing Management fend for v Cobbe [2008] UKHL 55. In the same case, Lord Scott stated that branded estoppel requires uncloudedness as to what it is that the object of the estoppel is to be estopped from denying, or asserting, and clarity as to the interest in the post in enquiry that that denial, or assertion, would otherwise defeat. If these requirements are not recognised, proprietary estoppel choke lose contact with its roots and risk becoming unscrupulous and therefore unpredictable, if it has not already done so. Unfortunately, in beefeaters Row, the Lords gain done little to entrance through this difficult area. While subtle and p erhaps soupy distinctions have been drawn in an attempt to confine the doctrines of proprietary estoppel and structural trust, incautious dicta have now cast surmise on some well-established principles. Yeomans Row own a property and entered into an liberal oral agreement with Mr Cobbe that Mr Cobbe would contribute for readying agree for residential development.

Once mean leave was granted, Yeomans Row would sell the property to Mr Cobbe for £12m, improver 50% of any gross proceeds of sale of the property achieved later on development in excess of £24m. afterwards Mr Cobbe obtained planning consent (at an alleged cost to himself of around £200,! 000), Yeomans Row refused to sell the property to him at the antecedently agreed price. two in the present case and in the Court of speak to it was decided that, by relying on the informal 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 fatality to get a full essay, order it on our website: BestEssayCheap.com

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