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Complete Equity and TrustsText, Cases, and Materials

Complete Equity and Trusts: Text, Cases, and Materials (5th edn)

Richard Clements and Ademola Abass
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date: 18 July 2024

p. 1195. Proprietary estoppellocked

p. 1195. Proprietary estoppellocked

  • Richard ClementsRichard ClementsLeader of International Partnerships (Law) at the, University of the West of England, Bristol
  •  and Ademola AbassAdemola AbassHead of the African Centre for Peace and Security Training, Institute for Security Studies, Addis Ababa

Abstract

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter on proprietary estoppel discusses the following: the principle of estoppels; the key elements of proprietary estoppel; the importance of the principle of unconscionability; the need for a clear representation or acquiescence; the different types of detriment; the flexibility of an equitable remedy; and the similarities and differences between a proprietary estoppel and a constructive trust. Estoppel seems to offer an exception to the normal rules of legal formality—ie transactions involving land require writing—and so provides a classic example of equity moderating the harshness of the law.

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