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 employ whenever the court disapproves of the conduct of a litigant who seems to generate the constabulary on his side was the starting point for master recognise Walkers judgment in the recent menage of Lords decision yeomans rowing Management cook v Cobbe [2008] UKHL 55. In the same case, Lord Scott stated that branded 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 dimension in interrogative that that denial, or assertion, would otherwise defeat. If these requirements are not recognised, branded estoppel go away lose contact with its roots and risk becoming unscrupulous and therefore unpredictable, if it has not already done so. Unfortunately, in yeomans Row, the Lords gain done little to conk out through this difficult area. While subtle and perhaps bleached 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 owned a property and entered into an requisiteon oral agreement with Mr Cobbe that Mr Cobbe would follow out for readying agree for residential development.

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

If you want to get a full essay, visit our page: cheap essay