Can proprietary estoppel be used as a sword?
From the above three cases, proprietary estoppel is clearly not always used as a shield and can be used as a sword.
Does proprietary estoppel only apply to land?
Scope of proprietary estoppel The principles of proprietary estoppel have operated to create rights and interests in land, and other types of property right. However, it has been suggested that they do not apply in the context of public law matters, such as the grant of planning permission.
Can a principal be bound by law of estoppel?
Any agent acting outside the scope of his employment will bind the principal by his acts if such acts were perceived as others to be within the apparent authority of the agent in all those cases where the principle has induced the third party to believe that the acts were within the scope of his authority[1].
What does it mean promissory estoppel is a shield and not a sword?
Promissory Estoppel, to say, is a shield, not a sword. It acts as a cause of action under English law. Therefore acts only as a defensive mechanism to defend anyone who might suffer arbitrary enforc ement of strict legal rights.
Is estoppel a shield or a sword?
Although the original notion was that estoppel was only a shield rather than a sword, it is now generally accepted that estoppel could be employed either as a tool of defence (shield) or as a weapon of attack (sword).
Why is proprietary estoppel important?
Proprietary estoppel transfers rights if, someone is given a clear assurance that they will acquire a right over property, they reasonably rely on the assurance, and, they act substantially to their detriment on the strength of the assurance.
How do you prove proprietary estoppel?
Proprietary estoppel
- Requirements for a claim in proprietary estoppel.
- First requirement – a representation or assurance (the promise)
- Second requirement – (reasonable) reliance on the promise.
- Third requirement – B suffers detriment.
- What does a successful claimant receive?
What is proprietary estoppel and why might it concern you?
– Lexology What is proprietary estoppel and why might it concern you? In very general terms estoppels operate to enforce the terms of a promise. Proprietary estoppel may enable someone to claim a beneficial interest in a property.
When does a proprietary estoppel transfer rights?
Proprietary estoppel transfers rights if, someone is given a clear assurance that they will acquire a right over property, they reasonably rely on the assurance, and,
What are the requirements to establish an equity for proprietary estoppel?
Under the modern approach there are three requirements to establish an equity for proprietary estoppel: 1 An assurance giving rise to an expectation that the claimant would have an interest in land 2 The claimant must demonstrate reliance on the assurance 3 The claimant must have acted to their detriment as a result of the assurance. More
What are the two types of estoppel?
There are two species of so-called equitable estoppel, namely promissory estoppel and proprietary estoppel. Both involve a representation made by words or conduct on which a third-party relies and acts to his detriment.