The Beneficial Principle of Proprietary Estoppel.
How Does Equity Fulfil the Common Law Essay. constant ebb and flow between compatibility and competition with the common law. More recent developments in equity include, for example, the recognition of restrictive covenants, the expansion of remedies, the development of doctrines such as proprietary estoppel, the enhanced status of contractual licences, and the new model constructive trust.
Proprietary Estoppel and Constructive Trust Claims. Proprietary Estoppel disputes. What are they? In certain circumstances it may be possible for someone (A) to claim an entitlement to or an interest in assets of another person (B). This can happen, for example, when (B) makes a statement or promise that (A) shall receive an asset or an interest in an asset and (A) relies on the representation.
This essay will explain the relationship between common intention constructive trusts and proprietary estoppels and whether or not it can be stated as “illuso.
A constructive trust will arise in similar circumstances to a claim in estoppel. Namely, where it can be shown that it was the mutual intention of the deceased and the claimant that the claimant would have some interest in the deceased’s property; and that the claimant has relied on this mutual intention to their detriment. An example of this can be found in.
Model Essay (Property Law) How to write a law essay Depending on the required work length, writing a law essay can be a long and involved process. START AS EARLY AS POSSIBLE! Many students develop their own style of attacking an essay topic. Generally however it is useful to break the essay-writing process down into the following steps: 1. Analysing your essay topic Before you can create an.
The first part of this essay explores the relevant rules of proprietary estoppel. Its second part considers how these rules differ from the comparable ones of common intention constructive trusts.
Indeed, in many of the cases, a constructive trust and proprietary estoppel are pleaded (and argued) in the alternative. This, in the writer's view, reflects the true position, namely, that despite several points of similarity, a number of key features continue to differentiate the two doctrines. Bilateral and unilateral conduct. In the first place, to establish a constructive trust, a common.