This is the second edition of the leading authority on the law of proprietary estoppel, which has been cited by courts across the common law world. It is a comprehensive and practically structured resource which offers guidance on managing proprietary estoppel cases. Relevant authorities are set out in a clear and accessible way, helping readers to make sense of a complex and rapidly developing area of law. Recent case-law discussed in the second edition, from England but also with updated reference to other common law jurisdictions, including new decisions of the top courts in each of Australia, Canada, and Singapore. Proprietary estoppel has come to particular prominence in recent years: it is frequently pleaded by litigants wishing to show that they have informally acquired an interest in land. As a result of its vigorous development by the courts, there is no comprehensive and uncontroversial definition of the doctrine. There is also much debate as to the relationship between proprietary estoppel and other doctrines, such as constructive trusts and unjust enrichment. A problem faced by anyone seeking to make, or respond to, a proprietary estoppel claim is that the law is to be found almost entirely in cases. This new edition of The Law of Proprietary Estoppel sets out a clear structure with which to understand the law and thus assists practitioners, academics, and others in navigating their way through the complex case-law on proprietary estoppel, and also in understanding its relationship with related doctrines, particularly other forms of estoppel. It has been fully updated with analysis of key recent cases in the farming and family context (eg Davies v Davies [2016] EWCA Civ 463, Moore v Moore [2018] EWCA Civ 2669, Habberfield v Habberfield [2019] EWCA Civ 890 and Guest v Guest [2020] EWCA Civ 387) and in the commercial context (eg Hoyl Group Ltd v Cromer Town Council [2015] EWCA Civ 782 and Farrar v Miller [2018] EWCA Civ 172), considering issues such as the requirements of a proprietary estoppel claim, the role of formalities, and the satisfaction of an estoppel equity.
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This book is the leading authority on proprietary estoppel and is relied on by practitioners and the courts. It is an essential resource for practitioners and others working in the field. The new edition includes recent cases and scholarship from England and the Commonwealth providing a comprehensive and accessible treatment of a complex subject.
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1: Introduction 2: Acquiescence, Representation, or Promise 3: Reliance 4: Detriment 5: Unconscionability 6: Formal Requirements and Other Possible Bars 7: The Extent of the Equity 8: Third Parties 9: Remedies 10: The Wider Legal Context
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Clear structure allows practitioners and others to isolate the key points in a case and quickly find the relevant case-law Comprehensive resource assists practitioners and others by thorough treatment of the relevant case-law and coverage of points that have yet to come up in litigation Discussion of related doctrines allows practitioners and others to know when it may be useful to rely on other doctrines alongside or instead of proprietary estoppel Examination of academic commentary provides important context to the discussion of the case-law
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Ben McFarlane is Professor of English Law at the University of Oxford and a Fellow of St John's College, Oxford. He has a wealth of experience in teaching and publishing on property law, equity, and the law of obligations and is particularly well-known for his work on proprietary estoppel.
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Clear structure allows practitioners and others to isolate the key points in a case and quickly find the relevant case-law Comprehensive resource assists practitioners and others by thorough treatment of the relevant case-law and coverage of points that have yet to come up in litigation Discussion of related doctrines allows practitioners and others to know when it may be useful to rely on other doctrines alongside or instead of proprietary estoppel Examination of academic commentary provides important context to the discussion of the case-law
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Produktdetaljer

ISBN
9780198814870
Publisert
2020
Utgave
2. utgave
Utgiver
Oxford University Press
Vekt
1292 gr
Høyde
248 mm
Bredde
177 mm
Dybde
41 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
656

Forfatter

Biografisk notat

Ben McFarlane is Professor of English Law at the University of Oxford and a Fellow of St John's College, Oxford. He has a wealth of experience in teaching and publishing on property law, equity, and the law of obligations and is particularly well-known for his work on proprietary estoppel.