Trusts Of The Family Home- Proprietary Estoppel

Front 1

3 key elements of proprietary estoppel?

Back 1

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.

Front 2

Does the representation have to be express or can it e inferred?

Back 2

It must be express. There must be an ACTUAL representation about some current or future interest in the property.

Front 3

Which case stated that vague statements will not suffice for proprietary estoppel?

Back 3

Lissimore v Downing [2003

Front 4

What is the necessary requirement for detrimental reliance?

Back 4

a causal link between the representation and the detriment.

Front 5

What remedies are available under proprietary estoppel?

Back 5

much more wide-ranging than under trusts. the court has a wide remedial discretion.
e.g. reliance loss or expectation performance.