Proprietary Estoppel Essay Assessment Essays

The case of Ramsden v Dyson in which there was an oral agreement with a landlord to have certain interest in land and by expectation which also was encouraged by the landlord, then the courts of equity will ensure that the landlord effects to such a promise.The last is the “unilateral mistake” is where an error has been made on the rights of a party allowing detriment which is from the improvements on the physical stature of the land on the mistake.It however opens jurisdictions which are considered against any landowners.If one by any chance citing the rules of promissory estoppel decides to be unjustly wealthy, then their actions can be justified by regaining the property back from the fraudsters as was in Chase Manhattan Bank NA v Israel-British Bank Ltd where there was an accidental payment of money by one bank and the recipient bank did not do anything.Held: the money was held in constructive trust for the other bank.Dealing in a way that it impedes the rights of other persons over the property leads to a court order instructing for the use of constructive trust showing intention by a joint contribution Llyod Banks plc v Rosset.There is a relationship of trusts and proprietary estoppel which will be seen later on.

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Equitable principles of a wider range and which allow for relief where constructive trust have no remedy but in areas where the constructive trust claim is made the estoppel as a rule that was given in the case of Te Rama Engineering Ltd v Shortlands Properties Ltd as it gives significance to more of the intangible contributions and commitment.The range of remedies in equity in both is less effective that the other which isn’t the case as was seen in Bristol & West Building Society v Henning [1985] in which he constructive trust involved the litigants sharing equitable ownership of property.Proprietary estoppel seem to provide a lower sense of remedies as was previously understood, it exceeds the relief in the constructive trust.The equitable interest to transfer personal property also applies and the last is the creation of several parties that have an interest in the exploration of land seen in Pallant v Morgan.Failure to complete transactions by one party as in Re Rose it is held in trust and is created in the pre-payments fund to an insolvent company.In this sense, we find the similarity with the proprietary estoppel in that they share the principle in Gissing v Gissing that the courts applying the equitable principles that prohibit the institution of strict legal rights then inequitable interests develop where the dealing proceed.The concept of “equity of expectation” is encouraged by past dealings and creates a form of constructive trust which may be granted by court on land interests.Proprietary Re Basham is one case that gives the elements of proprietary estoppel as that which has assurance, reliance and detriment all of which do not really have to arise from a contractual relationship, it confers the right of action and arises from the remedies of equity and can bind third parties constituting the equitable proprietary rights.This may arise if the land has been transferred as first an “imperfect gift” in the good case of Dillwyn v Llewellyn (1862) a father had given his house to his son after having spent a lot of money renovating it, the father later dies and the son claimed equitable ownership.It was held that any profits that the profits of the lease were held to favour the beneficiaries and trustee could not do the same but instead acts in the best interest of the beneficiary (Mc Farlane, 2002).Contructive trusts come in two types which are described in the case of Westdeutsche Landesbank Girozentrale v Islington BC [1996] as: The trustee should never put themselves in a position that conflicts with their duties as was seen in the case of Regal ltd v Guliver [1942] where the plaintiff got an offer from one of the subsidiaries to sell shares, the funds were not sufficient but the directors later sold them at a profit.

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