Chapter 10 Self-test questions

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In order to establish a potential interest in land through proprietary estoppel, the court will go through a two stage process; firstly establishing that an equity has arisen, and then identifying an appropriate remedy.

True correct incorrect

False correct incorrect

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Which of the following elements are required to establish a claim of proprietary estoppel? Please select all that apply.

An assurance that the claimant would acquire an interest in the property. correct incorrect

Reliance by the claimant on an assurance that the claimant would acquire an interest in the property. correct incorrect

Detriment suffered by the claimant in reliance on an assurance that the claimant would acquire an interest in the property. correct incorrect

Only (a) and (b) above. correct incorrect

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In order to establish one of the elements of proprietary estoppel, the claimant must establish that the _______has made an assurance to the claimant in respect of the property.

Your response

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The assurance given by the legal owner to the claimant in respect of the property may be:

only an active assurance. correct incorrect

only a passive assurance. correct incorrect

either active or passive assurance. correct incorrect

neither active nor passive assurance. correct incorrect

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In assessing the detriment that the claimant has suffered, the court may take into account:

any loss suffered by the claimant. correct incorrect

any burden or cost suffered by the claimant. correct incorrect

any benefits enjoyed by the claimant. correct incorrect

none of the above. correct incorrect

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In recent years, the distinction between the three elements of proprietary estoppel (assurance, reliance and detriment) have become increasingly blurred. Courts now often refer to the overarching concept of _______.

Your response

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If the claimant can establish that a proprietary estoppel has arisen, he or she will automatically have an equitable interest in the property.

True correct incorrect

False correct incorrect

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If a claimant establishes that a proprietary estoppel has arisen, the court may decide that the estoppel has been satisfied and will not award any further remedy.

True correct incorrect

False correct incorrect

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It does not make any difference if a claimant succeeds in establishing a claim under proprietary estoppel or a constructive trust.

True correct incorrect

False correct incorrect

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Which of the following statements are correct? Please select all that apply.

The equitable interest arising under a constructive trust dates from the moment that all of the required elements are satisfied. correct incorrect

The remedy awarded by the court under a proprietary estoppel dates from the date that it is awarded by the court. correct incorrect

Constructive trusts and proprietary estoppel claims, if successful, are essentially the same. correct incorrect

It does not matter to the claimant whether he or she brings a claim under a constructive trust or
proprietary estoppel. correct incorrect