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5 Cards in this Set
- Front
- Back
3 key elements of proprietary estoppel?
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1) a representation/assurance as to an interest in the property;
2) reliance upon that representation/assurance; 3)reliance resulting in unconscionable detriment to the applicant. |
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Does the representation have to be express or can it e inferred?
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It must be express. There must be an ACTUAL representation about some current or future interest in the property.
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Which case stated that vague statements will not suffice for proprietary estoppel?
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Lissimore v Downing [2003
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What is the necessary requirement for detrimental reliance?
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a causal link between the representation and the detriment.
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What remedies are available under proprietary estoppel?
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much more wide-ranging than under trusts. the court has a wide remedial discretion.
e.g. reliance loss or expectation performance. |