關於 proprietary estoppel ，我們在網路上蒐集到這些相關的討論、資訊與評價

#11. What do we mean by proprietary estoppel? - Wright Hassall

2017年10月16日 — What do we mean by proprietary estoppel? In a nutshell, the claim is based on facts where land or property, usually a farm, should, as far as ...

#12. The difficulties of proprietary estoppel claims | Articles | Insights

In certain circumstances, the law will intervene to enforce a promise to receive an interest in land or property made by one person to another.

#13. Promissory estoppel | Wex | US Law

Within contract law, promissory estoppel refers to the doctrine that a party may recover on the basis of a promise made when the party's reliance on that ...

#14. Proprietary Estoppel: Some questions answered, others left for ...

The doctrine of proprietary estoppel can enforce a promise to transfer real property to a person who acts to his or her detriment based on ...

#15. 8. Proprietary Estoppel | Law Trove

The chapter explores the doctrine of proprietary estoppel—a means by which a person may acquire a proprietary interest in another's land.

#16. 18 - Unconscionability and proprietary estoppel remedies

If the fundamental concern of proprietary estoppel is to prevent or redress unconscionable conduct, then it stands to reason that the remedial discretion should ...

#17. Promissory Estoppel Definition - Investopedia

Promissory estoppel is the legal principle that a promise is enforceable by law, even if made without formal consideration when a promisor has made a ...

#18. Proprietary Estoppel how can you guard against claims

Proprietary estoppel can allow the court to step in and stop the parent from going back on their promise if the circumstances are such that ...

#19. Proprietary estoppel, resulting & constructive trust claims

What is proprietary estoppel? · a promise made by one person to another; · reliance upon the promise; and · loss suffered by the person when the promise is broken, ...

#20. The Law of Proprietary Estoppel (2nd Edition) - Oxford Legal ...

The long-standing doctrine of proprietary estoppel has come to prominence in recent years—it is regularly discussed by courts at all levels and is frequently ...

#21. Proprietary Estoppel - How Best Can You Advise Your Client?

a representation or assurance made to the claimant; reliance on it by the claimant; detriment to the claimant as a result of his/her reliance.

#22. Proprietary estoppel | Dentons - JDSupra

Proprietary estoppel is a species of equitable estoppel where, when property is being transferred, an individual can make a claim on that ...

#23. an Italian case law perspective = Proprietary Estoppel

A proprietary estoppel could give rise to a proprietary right of the claimant. Italian law does not recognise a similar doctrine nor does.

#24. The Law of Proprietary Estoppel: McFarlane, Ben - Amazon.com

This book provides the first comprehensive and practically structured resource on the doctrine of proprietary estoppel. It offers answers to a number of ...

#25. Proprietary estoppel - E-lawresources

Proprietary estoppel · 1. An assurance giving rise to an expectation that the claimant would have an interest in land · 2. The claimant must demonstrate reliance ...

#26. Estoppel | Practical Law

It includes tips on deciding which type of estoppel may be relevant and pleading estoppel. Free Practical Law trial. To access this resource, sign up for a free ...

#27. proprietary estoppel - Indian Kanoon

doctrine of promissory estoppel cannot be inhibited by the same ... But the rule is the rule of Proprietary Estoppel and not of Promissory Es- toppel.

#28. Proprietary Estoppel: The Law of Farms and Families - SSRN ...

Discusses the law of proprietary estoppel, including many new cases, Examines the factual context of recent cases and asks how and why so ...

#29. What is a proprietary estoppel claim? | The Gazette

A claim for proprietary estoppel can be brought if a will does not honour promises made by the deceased concerning property and if a claimant ...

#30. Proprietary estoppel - Boodle Hatfield

It can relate to land which Farmer A will acquire in future, but it appears (under the doctrine of proprietary estoppel, at least) to be ...

#31. Proprietary Estoppel - Martin Kaye Solicitors

A claim for proprietary estoppel arises if a person makes a promise and someone relying upon that promise acts to his or her detriment.

#32. Proprietary Estoppel: how to manage claims for broken promises

Proprietary estoppel is a legal phrase for what most people will see as a 'broken promise'. 'Estoppel' is the name for a judicial device that ...

#33. Proprietary Estoppel - St John's Chambers

Proprietary estoppel relates to land and other property, and concerns both its ownership and the existence of rights over it.

#34. Friends of deceased win proprietary estoppel claim against ...

To prove proprietary estoppel, a claimant must show there was a representation or assurance, that he or she relied on that representation/ ...

#35. Proprietary estoppel: hopes by themselves are not enough

Proprietary estoppel – a review of the law and an analysis of recent cases. In an article published in Private Client Business, ...

#36. Proprietary estoppel life interest upheld by court of appeal

Proprietary estoppel life interest upheld by court of appealrecently dismissed an appeal by a personal representative against the judgment.

#37. What's Special About Land? the Relationship Between ...

There is also some debate as to whether a promise has to be clear and unequivocal in the context of proprietary estoppel or just for promissory estoppel. For a ...

#38. Estoppel Law (Sample Annotated Essay).pdf

Proprietary estoppel is capable of creating new legal rights in relation to interests in land, whereas promissory estoppel is a negative doctrine only, ...

#39. A recent case in the law of proprietary estoppel - Trethowans

Proprietary estoppel is the court's equitable response to unconscionable conduct. Typically where the conduct of one person leads another to ...

#40. Proprietary Estoppel: What Remedies are Available?

In a previous post, we discussed the legal doctrine of proprietary estoppel. The purpose of proprietary estoppel is to prevent unfairness ...

#41. Proprietary Estoppel - Local Government Law

A claim for possession of land may be defeated by a proprietary estoppel that is satisfied by an irrevocable licence for life, ...

#42. Improvements to Land, Equity, Proprietary Estoppel ... - CanLII

In practice, the detrimental act that lies at the heart of proprietary estoppel often entails an enrichment to the landowner, such that the claimant can satisfy ...

#43. Proprietary estoppel - broken promises - Withersworldwide

This is known as proprietary estoppel in the UK, and promissory estoppel or equitable estoppel in the US. An example might be where someone moves house to ...

#44. Proprietary Estoppel - Pearson Solicitors in Oldham and ...

Proprietary Estoppel. What happens if you have been promised property from an Estate by the deceased but this has not been documented?

#45. proprietary estoppel in australia: two options for exercising ...

According to Giumelli v Giumelli (1999) 196 CLR 101, where A successfully makes out a proprietary estoppel claim, courts must.

#46. The Meaning Of Proprietary Estoppel In A Will Contest

Proprietary Estoppel is a principle that is used in legislative cases to allow individuals to gain certain rights over property that legally belongs to ...

#47. Proprietary estoppel and laches - Tanfield Chambers

This article considers whether a claim based on the doctrine on proprietary estoppel might be defeated by a limitation defence.

#48. High Court rejects constructive trust and proprietary estoppel ...

The court considered the legal principles applicable to common intention constructive trusts and proprietary estoppel claims and noted that ...

#49. Proprietary Estoppel Land Law Solicitors | Lester Aldridge

If a promise of a legacy was not fulfilled, and you have lost out financially, you may be able to bring a claim for proprietary estoppel.

#50. What is Proprietary Estoppel? - JMW Solicitors

Proprietary estoppel is an equitable principle that seeks to achieve fairness where there has been an apparent injustice.

#51. Proprietary Estoppel - Becket Chambers

Proprietary Estoppel. Added in Property & Land Law by Christian Fox. Introduction. Estoppel is a murky legal topic, encompassing a number of ...

#52. Proprietary Estoppel: Two cases – two different outcomes

Since Davies v Davies, which started in 2014, we have seen a steady stream of proprietary estoppel decisions from the courts.

#53. Proprietary Estoppel | Institute Of Legacy Management

This includes proprietary estoppel, which concerns rights relating to land or property. This course will cover: 1) what a proprietary estoppel claim is and ...

#54. Proprietary Estoppel - Tanners Solicitors in Cirencester

Proprietary estoppel is a type of legal claim you can make when: You were promised a 'proprietary interest' – this could be freehold or leasehold ownership of a ...

#55. Proprietary Estoppel – a farming phenomenon? - Lodders ...

Proprietary estoppel is a legal claim which can result in the claimant, usually the child being granted rights to use the property of the ...

#56. Land, inheritance and promises - A proprietary estoppel case ...

Australia: Land, inheritance and promises - A proprietary estoppel case study · "A verbal contract isn't worth the paper it is written on" · or · " ...

#57. Proprietary estoppel and mere equities - Land Registration Act ...

Proprietary estoppel The following is an example of how the doctrine of proprietary estoppel operates: The owner of land, A, in some way leads or allows the ...

#58. Search - Schulich Law Scholars

This paper explores the similarities and differences between promissory estoppel, proprietary estoppel and the remedial constructive trust.

#59. Proprietary Estoppel Claims Solicitors - Irwin Mitchell

Proprietary Estoppel Claims Solicitors · You spent time and money renovating a property that someone promised you would receive · You worked on a farm or in a ...

#60. 18 Unconscionability and proprietary estoppel remedies

priate remedy in proprietary estoppel cases. This means that, in exercising the remedial discretion it, exercises in giving effect to proprietary estop.

#61. Proprietary estoppel - Sewell & Kettle Lawyers

Proprietary estoppel. An estoppel preventing a person from refusing to grant an interest in land to another, where the person has knowingly acquiesced in or ...

#62. Proprietary estoppel: a functional analysis - ePrints Soton

Hopkins, Nicholas (2010) Proprietary estoppel: a functional analysis. Journal of Equity, 4 (3), 201-224.

#63. Promises, promises - avoiding proprietary estoppel claims

Proprietary estoppel is a legal principle that allows an individual to lay claim to an asset (usually land) that was promised to them, even if ...

#64. "The Equitable Doctrines of Part Performance and Proprietary ...

Their operation is inconsistent as proprietary estoppel's requirements are easier to satisb and are not subject to the Statute of Frauds.

#65. Proprietary Estoppel: The Common Sense Continues

Proprietary estoppel, despite having a jargonistic name, is a common sense doctrine, developed in recognition of the fact that people do not ...

#66. The Law of Proprietary Estoppel - Ben McFarlane - Oxford ...

This is the second edition of the leading authority on the law of proprietary estoppel, which has been cited by courts across the common law ...

#67. Proprietary Estoppel cases in farming communities on the rise

Proprietary estoppel cases are on the rise in farming communities. Discover the context for this trend in this post by Emma Facey.

#68. Remedies in proprietary estoppel claims: where are we now?

proprietary estoppel claims. 15 June 2020 www.5sblaw.com. 2. • For a claimant in a proprietary estoppel case, establishing an equity is just.

#69. Proprietary Estoppel Claims | Inheritance Disputes Solicitors

A proprietary estoppel claim can be made when someone has been promised that they will be given an interest in a property, but that promise is subsequently ...

#70. Proprietary estoppel: family feuds and farming fall out

Proprietary estoppel is an equitable doctrine which allows the court to prevent a legal owner of property (usually land) from asserting ...

#71. Proprietary Estoppel at the Supreme Court of Canada

Proprietary estoppel is an equitable doctrine that can be invoked to establish a right in property. An equity sufficient to ground a claim for ...

#72. Challenging a will part 2: Proprietary estoppel - Levi Solicitors ...

Proprietary estoppel claims can be made if the claimant can show all of the following elements: A promise or assurance that they would be ...

#73. Proprietary Estoppel in Cowper-Smith v Morgan | TheCourt.ca

Proprietary estoppel is different from other equitable estoppels—such as promissory estoppel, which can only act as a defence, or a 'shield,' ...

#74. Let's dispense with the formalities: proprietary estoppel and ...

Proprietary estoppel can be used to enforce an informal land contract where it overlaps with an equitable doctrine that falls within a saving ...

#75. Question of Testament: Proprietary Estoppel claims - what you ...

In order to understand the themes of proprietary estoppel cases, it is important to understand the concept of 'unconscionability'.

#76. Broken Promises and Proprietary Estoppel - Wards Solicitors

Proprietary estoppel is a doctrine which enables justice to prevail when the cause might otherwise seem hopeless. The key ingredients are:.

#77. Proper Remedies for Proprietary Estoppel - Gatehouse ...

Proprietary estoppel can be relied upon where A makes a promise to B of an interest in land or property that B then relies upon to their ...

#78. Proprietary estoppel: family feuds and farming fall out | Article

Proprietary estoppel is an equitable doctrine which allows the court to prevent a legal owner of property (usually land) from asserting ...

#79. Farming families and proprietary estoppel - Birkett Long

There are several different types of estoppel; proprietary estoppel involves the acquisition of an interest, often by a promisee, in the ...

#80. Confining and defining proprietary estoppel: the role of ...

The use of proprietary estoppel to make or support claims to property is now common. Case-law tells us that the concept of unconscionability is central to a ...

#81. Proprietary Estoppel: Undermining the Law of Succession?

The decision of the House of Lords in Thorner v Major1 confirmed that the doctrine of proprietary estoppel may apply, and give rise to a cause of action, ...

#82. Proprietary Estoppel Claims - Ellis Jones Solicitors

When a property is promised to someone but it is not reflected in a person's will. In these types of situation, a proprietary estoppel claim may be made.

#83. Chancery: proprietary estoppel | News | Law Gazette

The proposition that 'equitable estoppel is a flexible doctrine... but it is not a joker or wild card to be used whenever the court ...

#84. Proprietary Estoppel - Nanaimo Law Blog, Vancouver Island

Generally, when asking a Court to find that a promise between two parties is legally enforceable, the Court will require the elements of a ...

#85. Failure to estop: rationalising proprietary estoppel using ...

Proprietary estoppel is claimed to rest, variously, on unconscionability, or on the unjust enrichment of the party who makes the promise.

#86. Is 2018 the year of proprietary estoppel? - Lawskills

What, if anything, can be gleaned from the seven Proprietary Estoppel claims brought to trial in the High Court? Is 2018 the year of ...

#87. Satisfying the equity in proprietary estoppel - Singapore Law ...

Proprietary estoppel, as with the other estoppels, is an equitable doctrine. As Prof Yeo Tiong Min has observed, the traditional intervention of ...

#88. Proprietary Estoppel: Recent Updates

Proprietary estoppel is often pleaded in addition to other causes of action, such as resulting trusts, common intention constructive trusts and contract ...

#89. Proprietary estoppel and the risks of mixing family and business

Proprietary estoppel requires a plaintiff to assume that an interest in property will be granted but not always that a 'particular legal ...

#90. Licences and Proprietary Estoppel | Gilbert Kodilinye - Taylor ...

Licences and Proprietary Estoppel ; Edition 4th Edition ; First Published 2014 ; Imprint Routledge ; Pages 17 ; eBook ISBN 9781315771564.

#91. Some Strings Attached: The Morality of Proprietary Estoppel

This chapter examines the moral values underlying the doctrine of proprietary estoppel (PE). It is organized as follows. Section 2 discusses the nature of ...

#92. Proprietary Estoppel: The Law of Farms and Families

Proprietary Estoppel : The Law of Farms and Families · Citation. Dixon, M. (2019). · Abstract. Hardly a week – it seems – goes by without another ...

#93. 'In The Alternative': Proprietary Estoppel in Cohabitation Cases

'In The Alternative': Proprietary Estoppel in Cohabitation Cases - The Impact of the Decision in Blackburn v. Southwell.

#94. Do I have a claim for proprietary estoppel? - Cripps ...

Do I have a claim for proprietary estoppel? If you were promised something in a Will and relied on that promise, only to find when the Will was read that ...

#95. Proprietary Estoppel – A Verbal Contract That's Worth More ...

However, their daughter Lucy, one of four children, came forward to claim proprietary estoppel on the basis that both parents had told her she ...