- Join over 1.2 million students every month
- Accelerate your learning by 29%
- Unlimited access for just £4.99 per month
In spite of the modern acceptance of a broadly based test of unconscionable dealing, the approach of the court when faced with estoppel claims tends to be restrictive. The courts treat such claims with a degree of caution......ritic
The first 200 words of this essay...
"In spite of the modern acceptance of a broadly based test of unconscionable dealing, the approach of the court when faced with estoppel claims tends to be restrictive. The courts treat such claims 'with a degree of caution', mindful of the fact that the doctrine of proprietary estoppel 'may have the drastic effect of conferring on one person a permanent, irrevocable interest in the land of another, even though he has given no consideration for such acquisition, by way of contractual arrangement, and no legally effective gift of it has been made in his favour '"
Critically analyse and assess this statement with particular regard to recent academic commentary and modern case law.
Word Count = 2554
To evaluate this statement we must examine the cases been bought to the judiciary on the concept of proprietary estoppel, how the judiciary made their decision on the basis of proprietary estoppel.
Land is defined by the Law of Property Act 1925 at S205 (1) (ix). When we buy property we do not own that land, the crown owns all the land. The best one can own is an estate/interest in land. Since the LPA1 1925, there are
Found what you're looking for?
- Start learning 29% faster today
- Over 150,000 essays available
- Just £4.99 a month
Not the one? We have 100's more
Land Law (view all)
- Lease/Licence Distinction
- The 1925 Legislations Aims.
- Covenants in land law.
- Land Law Problem Question; Adverse Possession, Easements, Co...
- Explain and critically analyse the process under the Land Re...
- Do changes to the adverse possession rules in the Land Regis...
- The Requirement for formalities detracts from the autonomy o...
- The system of land charges registration is a step in the wro...
- Following the decision in Stack v Dowden1, the law concernin...
- An easement essentially is a right in anothers land and conf...
""Zoey. University Student.
""Sabrina, Washington. IB English, History, Chemistry, Anthropology.