Chapter 8 Self-test questions

. What sets proprietary estoppel apart from other forms of estoppel? Select one of the following.

Nothing—all forms of estoppel share the same features.

Unlike other forms of estoppel, proprietary estoppel always leads to a proprietary remedy.

Unlike other forms of estoppel, proprietary estoppel can apply in contract law and property law.

Unlike other forms of estoppel, proprietary estoppel can result in the acquisition of property rights.

. Proprietary estoppel operates outside statutory formality requirements for dealings with land. True or false?

True

False

. Which one of the following accurately describes the two key stages to a proprietary estoppel claim?

Prove the estoppel and vindicate the estoppel.

Establish an estoppel remedy and enforce that remedy.

Prove an equity exists and convince the court it would be unconscionable not to recognize that estoppel.

Establish an equity and satisfying the equity.

. Which one of the following cases is credited with laying down the key elements of the modern law of proprietary estoppel?

Ramsden v Dyson (1866)

Willmott v Barber (1880)

Taylors Fashions Ltd v Liverpool Victoria Co. Ltd (1982)

Habberfield v Habberfield (2019)

. Which one of the following is not a strict requirement for establishing an equity as part of an estoppel claim?

An assurance or representation as to future entitle to property.

Reasonable reliance on such an assurance.

Detriment suffered as a result of that reliance.

Money expended in response to the assurance.

. Satisfying the 'equity' means doing the maximum justice to the claimant based on the nature of the expectations raised by the assurances made. True or false?

True

False

. Which one of the following is regarded as the modern starting point for considering how the court should satisfy the equity in an estoppel claim?

Jennings v Rice (2002)

Henry v Henry (2010)

Davies v Davies (2016)

Moore v Moore (2018)

. What is the significance of the case of Jennings v Rice (2002)? Select one of the following.

It overruled the approach to remedy as established in Crabb v Arun DC (1976).

It established that, once the essential elements of an estoppel claim are made out, the claimant's expectation interest will be awarded.

It established a distinction between bargain and non-bargain cases and that the remedy awarded must be proportionate to the expectation raised and detriment suffered.

Jennings was the first case in which a non-proprietary remedy was award.

. The Court of Appeal in Davies v Davies (2016) confirms the approach of Jennings and in so doing points to three possible interpretations or rationales for the proportionality exercise. Which one of the following is not one of those rationales?

An expectation-based approach.

A reliance or detriment-based approach.

An expectation and reliance approach.

A pure unconscionability approach.

. With regard to the recent wealth of estoppel case law, which one of the following remedies is becoming increasingly attractive in cases of familial relationship breakdown?

Order for lump sum payments.

Outright transfers of property.

Imposition of long leases.

No remedy at all.

. An equity arising by proprietary estoppel can never impact on third parties. True or false?

True

False

. Which statutory provision puts beyond all doubt that an equity arising by estoppel is proprietary in nature and is capable of binding third parties in registered land? Select one of the following.

Section 27 of the LRA 2002

Section 29 of the LRA 2002

Section 116 of the LRA 2002

Schedule 3 of the LRA 2002

. An equity arising by estoppel can be protected in registered land and thereby be binding on third parties coming to that land but how? Select one of the following.

By entry of a notice in the Charges Register.

By entry of a restriction in the Proprietorship Register.

By entry of a land charge under the LCA 1972.

By application under s. 14 of TOLATA 1996.

. Section 116 of the LRA 2002 applies equally to unregistered land as it does to registered land. True or false?

True

False

. In unregistered land, what determines if an equity arising by estoppel is binding on third parties? Select one of the following.

The court's inherent discretion.

The land charges system under the LCA 1972.

Estoppel equities' inability to bind in unregistered land.

The doctrine of notice.

. Proprietary estoppel and the constructive trust are, in essence, one and the same doctrine. True or false?

True

False

. A key distinction between proprietary estoppel and the common intention constructive trust is that the former springs from assurances and representations and the latter from mutual intentions and 'meeting of the minds'. True or false?

True

False

. Which one of the following cases offers a good example of the potential for both causes of action (estoppel and constructive trust) to be pleaded in the same factual scenario?

Midland Bank v Green (1982)

Street v Mountford (1985)

Southwell v Blackburn (2014)

Habberfield v Habberfield (2019)

. Despite increasing flexibility in the operation and application of proprietary estoppel, the constructive trust is still regarded as the more suitable doctrine in the domestic, family home context. True or false?

True

False

. The great advantage of the constructive trust over proprietary estoppel is that there is far greater remedial flexibility under a constructive trust analysis than under the doctrine of proprietary estoppel. True or false?

True

False

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