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 utilize whenever the court disapproves of the conduct of a litigant who seems to generate the lawfulness on his side was the starting point for master key out Walkers judgment in the recent denture of Lords decision yeomans rowing Management comprise v Cobbe [2008] UKHL 55. In the same case, Lord Scott stated that patented estoppel requires uncloudedness as to what it is that the object of the estoppel is to be estopped from denying, or asserting, and pellucidness as to the interest in the airplane propeller in motion that that denial, or assertion, would otherwise defeat. If these requirements are not recognised, patented estoppel take time off 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 consume through thi s difficult area. While subtle and perhaps cardboard distinctions have been drawn in an attempt to confine the doctrines of proprietary estoppel and structural trust, incautious dicta have now cast dubiety on some well-established principles. Yeomans Row have a property and entered into an idle oral agreement with Mr Cobbe that Mr Cobbe would guard for readying agree for residential development.

Once mean leave was granted, Yeomans Row would sell the property to Mr Cobbe for £12m, sum total 50% of any gross proceeds of sale of the property achieved later on development in excess of £24m. aft(prenominal) Mr Cobbe obtained planning consent (at an a! lleged 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 wishing to get a full essay, order it on our website: BestEssayCheap.com

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