‘Estoppel Remedies: Switching to Expectation When It Is Difficult to Quantify Detriment’

“Inconveniently, it was Albus Dumbledore, rather than a leading philosopher, who said: ‘Soon, we must all face the choice between what is right and what is easy’. The Supreme Court in Guest v Guest has the opportunity to provide guidance as to the correct approach to be adopted when determining the extent of a right arising through proprietary estoppel – a set of equitable principles that, as in Guest itself, can give the claimant (C) a successful claim against the defendant (D) where C has relied on D’s promise that C will acquire an interest in D’s land, and that reliance means C would now suffer a detriment as a result of D’s failure to honour the promise …” (more)

[Ben McFarlane and John Mee, Oxford Law Faculty Property Law Blog, 15 March]

First posted 2022-03-15 14:00:30

Leave a Reply