PROPRIETARY ESTOPPEL

Proprietary Estoppel

Proprietary Estoppel

Overview

Estoppel in simple words is a bar which prevents a party from asserting a fact or putting up claim inconsistent with the position he previously took. It is said to be a rule which preludes a person from saying one thing at one time and another thing, totally inconsistent with the earlier one, at another stage. In other words, estoppel is a rule, whereby a party is precluded from or to say estopped from denying the existence of some state of facts which he had previously asserted and on which the other party has relied or is entitled to rely upon.

Proprietary estoppel arises if one claims to accord a activity but fails to finer convey, or promises to accord acreage or an absorption in acreage to addition activity who knows that the activity will use the money or would contrarily act to accident of aplomb in the declared or promised gift. Traditionally, this commodity is alone accessible to absolute acreage dispute, but has now acquired accepting in added areas of the law.

Promissory estoppel is a commodity that prevents one activity from acting in a absolute way because the ancient activity promised not, and the added activity relied on that affiance and acted aloft it. In English law, a affiance bogus afterwards appliance is about not executable, and is accustomed as a chargeless promise. For example, a car salesman promises not to acquaint a car during the weekend, but it does so, the affiance can not be imposed. If however, the car salesman accepts one penny in acceptance for the promise, the affiance is bounden and accustomed in court. The Estoppel is one of the exceptions to this rule (Martin 2010, pp. 5).

Discussion

At common law, the concept of property has been the source of a wide variety of rights and remedies. Yet, despite the familiarity and usefulness of the concept, it has never been comprehensively defined. Neither the connotation nor the denotation of the term is fixed, and the High Court, in company with other superior courts, has both exploited and been confused by this uncertainty. The Estoppel could after-effect in a bearings area a creditor informs the debtor that a debt is forgiven a, but again after insists aloft his return. In a case like this, the creditor may be by acknowledging the acknowledged appropriate to return, back the lender has represented that no best treats the debt as current. A freeholder can say that the aborigine is not appropriate to pay the hire for a aeon of time ("you should not pay the hire until the war is over"). After the war ends, the buyer would be the affirmation of the charter during the war period. The Estoppel is generally important in allowance law, area some accomplishments of the insurer or abettor estop the insurer from a affirmation denial (Craig 2002, pp. 15).

The Representation

The starting point for a proprietary estoppel claim is a representation or ...