#estoppel

Topic: Understanding Estoppel: A Legal Principle with Far-Reaching Implications Estoppel is a legal principle that has significant implications in various areas of law, including contract law, real estate law, and intellectual property law. Understanding what estoppel is and how it works is essential for anyone involved in legal matters or interested in the legal system. What is…

Introduction Jennings v Rice (EWCA Civ 159; 2002) is an English land law case concerning proprietary estoppel. Facts Mr Jennings, a self-employed bricklayer and part-time gardener, sued the administrator of his former employer, Mr. Arthur Thomas Rice, for a large house and furniture (worth £435,000) on the basis that he had been given an assurance he would get it. In 1970, Jennings began…

Introduction Gillett v Holt [2000] is an English land law case concerning proprietary estoppel and a farming businesses’ dispute. The case focussed on a farmer of a portfolio of farming businesses without any obvious heirs who made many promises and assurances of inheritance to two partial farm managers who were neighbours or tenants of his, one of whom had farmed for 38 years, the other…

Introduction Thorner v Major [2009] UKHL 18 is an English land law case, concerning proprietary estoppel. Facts On Peter Thorner’s Steart Farm, Cheddar, Somerset, David Thorner, second cousin, worked for Peter for 30 years unpaid, as well as on his parents’ farm, where he got housing and money. He worked long hours and believed he would inherit the farm, encouraged by Peter’s conduct over 15…

Introduction Cobbe v Yeoman’s Row Management Ltd [2008] UKHL 55 is a House of Lords case in English land law and relates to proprietary estoppel in the multi-property developer context. The court of final appeal awarded the project manager £150,000 on a quantum meruit basis [1] for unjust enrichment because Yeoman’s Row had received the benefit of his services without paying for that. The court…

Introduction Waltons Stores (Interstate) Ltd v Maher, is a leading case in Australian contract law. The Australian High Court decided that estoppel, in certain circumstances, could be a cause of action. Decided on 19 February 1988. Facts Maher owned some property with buildings on it in Nowra. He was negotiating with a department store company called Waltons Stores (at the time controlled by…

Introduction Willmott v Barber, (1880) 15 Ch D 96, is an 1880 English case decided by Justice Edward Fry. The case is often cited for its holding regarding the doctrine of estoppel by acquiescence or proprietary estoppel. The plaintiff, Willmott, was suing two defendants, John Barber and William Bowyer. Barber had agreed to sell the plaintiff a leasehold interest in land. He also agreed that he…

Introduction Crabb v Arun District Council [1975] EWCA Civ 7 is a leading English land law and contract case concerning “proprietary estoppel“. Lord Denning MR affirmed that where agreements concern the acquisition of rights over land, there is no need for both parties to provide a consideration for upholding the bargain. While promissory estoppel cannot found a cause of action it was held that…