Proprietary Estoppel

3225 WordsJul 13, 201113 Pages
| Contents | Page No: | 1. | List of Authorites (Cases & Statutes) | 2 | 2. | Answers (Mainbody & Conclusion) | 3-10 | List of Authorities: Cases : 1. Crabb v Arun 2. Central London Property Trust Ltd v High Tress House Ltd 3. Ramsden v Ryson 4. Willmott v Barber 5. Taylors Fashions Ltd v Liverpool Victoria Trustees Co. Ltd 6. Matharu v Matharu 7. Taylors Fashions Ltd v Liverpool Trustees Co 8. Gillet v Holt 9. Dillwyn v Llewellyn 10. Inwards v Baker 11. Jennings v Rice 12. Lloyds Bank v Carrick 13. Birmingham Midshires Mortgage Services Ltd v Sabherwal 14. City of London Building Society V Flegg Statutes : 1. LRA 1925 S. 70(1)(g)…show more content…
However, he continued in an obiter statement that if Central London had tried to claim for the full rent from 1940 onwards, they would not have been able to. This was reasoned on the basis that if a party leads another party to believe that he will not enforce his strict legal rights, then the Courts will prevent him from doing so at a later stage. This obiter remark was not actually a binding precedent, yet it essentially created the doctrine of promissory estoppels In terms of a legal claim, estoppels are being used as a defence against another’s claim, it is also quite usual to say that estoppels can be used as a ‘shield but not as a sword’ ;proprietary estoppels, as decided in cases such as Crabb v Aruncan very definitely be used as a sword. The distinction between proprietary and promissory estoppels is that, proprietary estoppels arises from an owner’s encouragement of or acquiescence in another’s mistaken belief about his present or future rights in the owner’s property: in other words, the owner represents in some way that the belief is correct whereas, promissory estoppels arises from a promise made from the promisor to the promisee not to enforce his rights, then later on seeks to go back on his promise and is unable to. A hypothetical case discussed by Lord Cranworth in Ramsden v Ryson: ‘’If a stranger begins to build on my land, supposing it to be his own and I, perceiving his mistake, abstain from serring him right and leave him
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