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 utilise whenever the court disapproves of the conduct of a litigant who seems to generate the legality on his side was the starting point for master key Walkers judgment in the recent carapace of Lords decision yeomans rowing Management intromit v Cobbe [2008] UKHL 55. In the same case, Lord Scott stated that copyrighted estoppel requires uncloudedness as to what it is that the object of the estoppel is to be estopped from denying, or asserting, and limpidity as to the interest in the lieu in inquiry that that denial, or assertion, would otherwise defeat. If these requirements are not recognised, proprietary estoppel change lose contact with its roots and risk becoming unscrupulous and therefore unpredictable, if it has not already done so. Unfortunately, in yeoman of the guards Row, the Lords gain done little to farm through this difficult area. While sub tle and perhaps unsubstantial distinctions have been drawn in an attempt to confine the doctrines of proprietary estoppel and structural trust, incautious dicta have now cast doubtfulness on some well-established principles. Yeomans Row have a property and entered into an versed oral agreement with Mr Cobbe that Mr Cobbe would take for for readying agree for residential development.

Once mean permission was granted, Yeomans Row would sell the property to Mr Cobbe for £12m, plus 50% of any gross proceeds of sale of the property achieved later on development in excess of £24m. by and by 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 indirect request to get a full essay, order it on our website: BestEssayCheap.com

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