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Estoppel

QuestionAnswer
What is meant by traditional estoppel (estoppel by representation)? Where A by his words or by his conduct justified B in believing that a certain set of facts exist, and B has acted on such belief to his prejudice, A cannot affirm against B that a different set of facts existed at the same time.
Name cases dealing with estoppel by representation? Jordan and Money, McNeil v Miller
What does promissory estoppel (equitable estoppel) do? It allows a promise to waive legal rights to be enforced, even where there is no consideration for the promise. It protects the promisor from enforcing legal rights inconsistent with the promise
What case established the modern day doctrine of promissory estoppel? Central London Property Trust v High Trees House
Outline the key elements of the doctrine of promissory estoppel as per High Trees? 1. There must be a promise to waive a strict legal right. 2. The promise must be intended to create legal relations and acted upon by the other party. 3. There must be an act in reliance on the promise. 4. Shield not sword
What was promissory estoppel described as in Combe v Combe? Where one party has, by his words or by his conduct, made to the other a promise of assurance which was intended to affect the legal relations between them and to be acted on accordingly. Once the other party has acted upon, he cannot revert
Name cases associated with promissory estoppel? Kenny v Kelly, The Barge Inn Limited v Quinn Hospitality
How did Costello J describe promissory estoppel in JR v A ward of the Court? Where by w or c a person makes an unambiguous representation as to his future conduct intending the representation will be relied upon to affect legal relations between the parties and the represente acts on it/alters position to his detirment = not inco
What was stated in Barge Inn? 1. Pre-existing legal relationship. 2. Unambiguous representation. 3. Reliance by the promisee (possible detriment). 4. Some element unfairness 5.Shield not sword. 6. Remedy a matter for the court
How did Costello J describe promissory estoppel in JR v A ward of the Court? Where by w or c a person makes an unambiguous representation as to his future conduct intending the representation will be relied upon to affect legal relations between the parties and the represente acts on it/alters position to his detirment = not inco
What was stated in Barge Inn? 1. Pre-existing legal relationship. 2. Unambiguous representation. 3. Reliance by the promisee (possible detriment). 4. Some element unfairness 5. Sword not Shield. 6. Remedy a matter for the court
What is meant by a shield not a sword? Promissory estoppel cannot create a cause of action where none existed before. It applies only in the alteration of promises.
Name a case that specifies there must be a clear unambiguous promise Folens v Minister for Education "a definite commitment of representation" is required
Name a case showing it must be inequitable for the promisor to retract his promise? D and C Builders v Rees, JR, a Ward of the Court
Name a case showing that detrimental reliance is essential? JR, a Ward for the Court, In Daly v Minister for the Marine the plaintiff had not atlered position in any material way on foot of the Minister's recommendations.
What is proprietary estoppel? A doctrine whereby equity may take property rights away from somebody who has acted in an unconscionable way and transfer them to the person who has suffered as a result of the unconscionability
What must be proved in proprietary estoppel? 1. Assurance - the person was led to believe they would acquire an interest in the prperty/ 2. Reliance 3. Detriment 4. Unscionable act
Definition of proprietary estoppel? Where A purports to give but fails to effectively convey, or promises to give, property or an interest in property to B, in the knowledge that B will expend money or otherwise act to his detriment in reliance supposed or promised gift so that it is uncons
What case illustrated that proprietary estoppel can be a cause of action? Dillwyn v Llwllyn
Name cases dealing with proprietary estoppel? Cullen v Cullen, Gillet v Holt
Created by: sineadgriffin
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