EQUITABLE ESTOPPEL - This Assignment Help.
This chapter concerns two topics: the general remedies that equity offers to the legal system together with the proactive remedy that particularly concerns the recovery of land or shares: proprietary estoppel.You may have studied the topic of equitable remedies in contract law so, hopefully, this chapter should act as something of a reminder to you about these principles.
Equitable Estoppel Law and Legal Definition Equitable estoppel is a defensive doctrine preventing one party from taking unfair advantage of another when, through false language or conduct, the person to be estopped has induced another person to act in a certain way, which resulted in the other person being injured in some way.
Equitable Estoppel equitable estoppel, sometimes known as estoppel in pais, protects one party from being harmed by another party's voluntary conduct. Promissory estoppel is a contract law doctrine.
Proprietary Estopppel is an equitable remedy, which will operate to prevent the legal owner of property from asserting their strict legal rights in respect of that property when it would be inequitable to allow him to do so. i) Megarry and Wades Law of Real Property (8 th Edition) summarises the.
Under American jurisprudence, equitable estoppel is available only as a defence, while promissory estoppel can be used as the basis of a cause of action. The requirement of inducement and reliance are broadly the same for all reliance-based estoppels.
Promissory estoppel is an equitable doctrine which in some instances can stop a person going back on a promise which is not supported by consideration.Promissory estoppel was developed by an obiter statement by Denning J (as he then was) in Central London Property Trust Ltd v High Trees Ltd (1947) KB 130 (Case summary).Denning J based the doctrine on the decision in Hughes v Metropolitan.
Promissory estoppel is an important doctrine in contract law in which a non contractual promise lacking consideration rendered enforceable to avoid an injustice. Promissory estoppel arises when injustice can be avoided only by means of the enforcement of a promise that would otherwise be unenforceable for lack of consideration.