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Return to Land Law: Directions 8e Resources
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
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False
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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
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Reliance by the claimant on an assurance that the claimant would acquire an interest in the property.
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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
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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.
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only a passive assurance.
correct
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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.
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any burden or cost suffered by the claimant.
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any benefits enjoyed by the claimant.
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none of the above.
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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
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False
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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
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False
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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
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False
correct
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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.
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The remedy awarded by the court under a proprietary estoppel dates from the date that it is awarded by the court.
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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
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