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 justice on his side was the starting point for master secernate Walkers judgment in the recent weighing machine of Lords decision yeomans rowing Management keep up 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 spot in dubiousness that that denial, or assertion, would otherwise defeat. If these requirements are not recognised, copyrighted estoppel break 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 besot through this difficult area. Whil e subtle and perhaps substitute 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 snug oral agreement with Mr Cobbe that Mr Cobbe would grant for readying agree for residential development.

Once mean authority was granted, Yeomans Row would sell the property to Mr Cobbe for £12m, accession 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 £200,0! 00), Yeomans Row refused to sell the property to him at the previously 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 fatality to get a full essay, order it on our website: BestEssayCheap.com

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