Chapter 10 Scenario questions

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. Dieter has been working in his grandparents' factory for the last 15 years, and has been promised many things during these years – including that he will receive the factory when his grandparents die. Dieter has no formal document setting this out, and his grandparents have so far not made a will. He has, however, recently heard about the doctrine of proprietary estoppel, and has requested that you provide him with more details on the necessary requirements for a claim. What are the requirements of a proprietary estoppel claim? Select all that apply.

The claimant must rely on any assurance made by the legal owner of land correct incorrect

The legal owner of property has made an assurance that the claimant has or will acquire an interest in the land correct incorrect

The claimant must obtain a deed from the legal owner of land correct incorrect

The claimant must act to their detriment as a result of relying on any assurance made by the legal owner of land correct incorrect

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. Dieter has some further questions he would also like answering. He informs that his grandparents have repeatedly told him that because of his hard work at the factory, they will ensure 'that he will be well looked after when they're gone'. They have also referred to the factory as 'Dieter's baby' due to the hard work he has put in, and have also repeatedly stated that 'we're sure it'll [the factory] be yours eventually'. What type of assurance, if any, will have been made to Dieter by his grandparents?

A passive assurance correct incorrect

No assurance has been made correct incorrect

An active assurance correct incorrect

An assurance has been made, but only in reference receiving some recompense, not the factory correct incorrect

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. Dieter also wishes to know what forms of detriment are required for a proprietary estoppel claim. He has looked after his grandparents for the last 10 years, he gave up on going to university after being given a job in factory from the age of 19, and has also contributed £19,000 to the factory's new staff canteen. What forms of detriment are the courts willing to accept in the context of proprietary estoppel? Select all that apply.

The foregoing of qualifications or higher wages correct incorrect

The providing of care for the legal owner correct incorrect

The living in the property rent free correct incorrect

The expenditure of money correct incorrect

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. Dieter is also concerned about what remedy he might be granted should any claim for proprietary estoppel succeed. He has read somewhere on the interweb that the court has 'wide judgmental discretion'. What remedies could the court therefore grant Dieter? Select all that apply.

No remedy at all correct incorrect

Issue an apology correct incorrect

Monetary award correct incorrect

Transfer of the legal title correct incorrect

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. Dieter has already read on the interweb that proprietary estoppel is not available in commercial cases. He is therefore worried that he may not be able to utilise this equitable mechanism, as he is trying to claim an interest in his grandparents' factory. Will Dieter be able to utilise a proprietary estoppel claim?

Yes – because his claim is a mixed domestic and commercial case correct incorrect

No – because it is a purely commercial case correct incorrect

Yes – it is a purely domestic case correct incorrect

No – because proprietary estoppel is no long a viable mechanism for any claimant correct incorrect