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Chapter

Cover Land Law

8. Proprietary Estoppel  

This chapter explores the doctrine of proprietary estoppel—a means by which a person may acquire a proprietary interest in another’s land. If made out, a claim to proprietary estoppel allows for the informal creation and acquisition of rights in land. Rather than just being raised as a defence against legal claims (as is the case, for example, in promissory estoppel), it is this that sets proprietary estoppel apart and represents its major point of distinction from other estoppels. This chapter considers the requirements for establishing an estoppel claim and the effect of an estoppel on third parties. With a bounty of case law—new decisions seemingly handed down almost monthly—proprietary estoppel is having its moment in the sun and remains one of the liveliest and most productive areas of land law today.

Chapter

Cover Essential Cases: Contract Law

Zurich Insurance Co. Ltd plc v Hayward [2017] AC 142; [2016] UKSC 48  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Zurich Insurance Co. Ltd plc v Hayward [2016] UKSC 48. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Zurich Insurance Co. Ltd plc v Hayward [2017] AC 142; [2016] UKSC 48  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Zurich Insurance Co. Ltd plc v Hayward [2016] UKSC 48. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Land Law

10. Proprietary Estoppel  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter is concerned with proprietary estoppel. Proprietary estoppel is a means by which a party (B) can gain some protection against an owner of land (A), even if B has no contract with A and even if A has not formally given B a property right in relation to A’s land. Proprietary estoppel is therefore a means by which B can obtain an equitable interest in A’s land. It is noted that proprietary estoppel is very different from other forms of estoppel; so different that the term ‘estoppel’ is positively misleading. The chapter considers the requirements of a proprietary estoppel claim, including the role of unconscionability, how the courts determine the extent of any right arising through proprietary estoppel, and the impact of such rights on third parties.

Chapter

Cover Complete Equity and Trusts

5. Proprietary estoppel  

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.

Chapter

Cover Essential Cases: Contract Law

Edgington v Fitzmaurice (1885) 29 Ch D 459  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Edgington v Fitzmaurice (1885) 29 Ch D 459. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Edgington v Fitzmaurice (1885) 29 Ch D 459  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Edgington v Fitzmaurice (1885) 29 Ch D 459. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Concentrate Questions and Answers Equity and Trusts

11. Equitable Estoppel  

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers, and author commentary. This book offers advice on what to expect in exams and how best to prepare. This chapter covers questions on equitable estoppel.

Chapter

Cover Tort Law

4. Special duty problems: omissions and acts of third parties  

This chapter examines the two separate but closely linked concepts of liability for omissions and for the actions of third parties. The first section considers when and why the courts have established that a duty of care should be owed by defendants when the harm was the result of their omission, and the second explores the situations when a defendant may owe a duty in relation to the action(s) of a third party. Ordinarily you can be liable only for things that you do, but when someone does not do something that they ought to have done a duty might be found. Similarly, while it appears odd that someone may be liable for harms that someone else caused, the courts have nonetheless found that in limited circumstances people who have responsibility for, or control over, others may incur a duty in respect of the harms caused by these third parties.

Chapter

Cover Koffman, Macdonald & Atkins' Law of Contract

5. Promissory estoppel  

This chapter explores the doctrine of promissory estoppel and the case of Central London Property Trust Ltd v High Trees House Ltd. Denning J’s judgment in that case envisioned its application in the part payment of a debt situation to provide a means of preventing the promisor reneging on his or her promise not to seek the whole of the debt. It looks at English law’s restriction of promissory estoppel to preventing promisors going back on promises not to enforce rights, rather than creating new obligations. The considerable uncertainty surrounding the doctrine is explored (e.g. in relation to the extent to which it extinguishes rights, rather than merely suspending them, and what is required to trigger the estoppel (detrimental reliance on the promise or it being inequitable to go back on it)).

Chapter

Cover Casebook on Tort Law

3. Special duty problems: omissions and acts of third parties  

This chapter discusses the problem of when a duty of care arises in respect of negligent omissions, or for the actions of a third party. The common law takes the view that it would be too great a burden to impose liability upon a person for a mere omission, or for the actions of others. Despite this, duties can in fact be imposed in various ways, all of which focus on the reliance of the claimant upon the defendant. This can come about either by the previous conduct of the defendant, which induces reliance by the claimant that the defendant will continue to act in that way, or by reliance which comes out of a relationship of dependence between the parties. As regards third parties, a duty may arise where the defendant has control over or responsibility for the third party’s actions.

Chapter

Cover Casebook on Tort Law

6. Special duty problems: economic loss  

This chapter deals with negligence that causes only economic loss. The basic rule is that a person may sue for economic loss which is consequent on physical loss which that person has suffered, but may not if they have only suffered economic loss by itself. There may be exceptions to this rule where there is sufficient proximity between the parties, and one element in this may be reliance by the one on the other. Though there is a general rule that no liability can arise in respect of ‘pure’ economic losses, there is also a broader exception that can arise when such loss happens as a result of a statement being made (rather than an act done), developed from the famous case of Hedley Byrne v Heller.

Chapter

Cover Complete Equity and Trusts

7. Resulting trusts  

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. Resulting trusts arise in a surprising number of situations, such as where an existing trust cannot carry on, for some reason. Then the trust property is said to be held on resulting trust. This means that the property is to be returned to its original owner. This chapter discusses the two types of resulting trust; the automatic resulting trust; the theory of resulting trusts; presumed resulting trusts; the presumption of advancement; the importance of the presumptions today; and illegality.

Chapter

Cover Tort Law

4. Special duty problems: omissions and acts of third parties  

This chapter examines the two separate but closely linked concepts of liability for omissions and for the actions of third parties. The first section considers when and why the courts have established that a duty of care should be owed by defendants when the harm was the result of their omission, and the second explores the situations when a defendant may owe a duty in relation to the action(s) of a third party. Ordinarily you can be liable only for things that you do, but when someone does not do something that they ought to have done a duty might be found. Similarly, while it appears odd that someone may be liable for harms that someone else caused, the courts have nonetheless found that in limited circumstances people who have responsibility for, or control over, others may incur a duty in respect of the harms caused by these third parties.

Chapter

Cover Contract Law Directions

11. Damages  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the principles by which contractual damages are assessed. The discussions cover the aim of contractual damages, the difference between damages in contract and in tort; the relationship between the expectation interest and the reliance interest; cost of cure and difference in value; remoteness of damage; foreseeability and assumption of risk; non-pecuniary losses; mitigation; contributory negligence; and penalties, liquidated damages and forfeiture.

Chapter

Cover Essential Cases: Contract Law

Bisset v Wilkinson [1927] AC 177  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bisset v Wilkinson [1927] AC 177, Privy Council. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Equity & Trusts

Patel v Mirza [2016] UKSC 42, Supreme Court  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Patel v Mirza [2016] UKSC 42, Supreme Court. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Essential Cases: Tort Law

Hedley Byrne & Co. Ltd v Heller & Partners Ltd [1964] AC 465  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hedley Byrne & Co. Ltd v Heller & Partners Ltd [1964] AC 465. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Steel v NRAM Ltd [2018] 1 WLR 1190  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Steel v NRAM Ltd [2018] 1 WLR 1190. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Contract Law 5e

Bisset v Wilkinson [1927] AC 177  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bisset v Wilkinson [1927] AC 177, Privy Council. The document also includes supporting commentary from author Nicola Jackson.