{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Party holds an equity which is a proprietary style

Info icon This preview shows pages 8–10. Sign up to view the full content.

View Full Document Right Arrow Icon
enforce the right by way of a ‘licence to occupy for life’. Party holds an ‘equity’ – which is a proprietary style right. (equities are not considered to be proprietary as such). Equities Equities only give rise to personal rights – to seek orders from the court. Those personal rights are only enforceable against the person who created the equity. Once you get to court and it is acknowledged by the court – it will determine how the equity is to be satisfied. At times a court will grant an expectation relief (makes good the expectation was induced). At other times the court may only grant damages amounting to the expectation. Sometimes you will only receive reliance damages. Waltons Stores – court need only grant the minimum remedy to relieve the inequity. (CB 7.105, TB 7.185) Facts: Waltons was a hardware shop which negotiated a lease for some land. The negotiations envisaged that the existing building would be demolished and would be replaced at the landowner’s expense. The new building was to be designed for Walton’s specifications. Waltons wanted things to proceed 8
Image of page 8

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
asap and there was a tight deadline. At the exchange and signing of documents. The solicitors for Waltons sent the document to the landowner’s solicitors unsigned with a cover letter reserving the right to make amendments. Within a week the landowner’s solicitor told Waltons’ solicitor that he had to wind it up within a day or two or he will be unable to meet the deadline. The next day the solicitor sent the final draft with a covering note saying that they believe that approval will be forthcoming and they would let the solicitors know the following day if their client did not accept those changes. Waltons never signed the documents and sat on the lease documents for 2 months during which time the landowners demolished the old building and had commenced construction on the new one. Brennan J: Mason CJ and Wilson J: The issue is whether they are estopped from denying the existence of a binding contract. They say that a person’s whose conduct lends force to an assumption by another that he will obtain an interest in land and on the basis of the expectation the other alters his position or acts to his detriment may bring into existence an equity in favour of that other person. It is only unconscionable if that assumption is created and encouraged by the defendant. Elements of Proprietary Estoppel : 1. Assumption / expectation in mind of claimant that the have/will have an interest in land that is induce by the defendant landowner. 2. Inducement through representations 3. Reasonable reliance to detriment (change of position on basis of expectation – does not have to relate directly to the land) 4. Unconscionable in the circumstances to resile NB: It will be easier to satisfy estoppel than part performance.
Image of page 9
Image of page 10
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern