Equitable estoppel essay

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Equitable estoppel essay

Are there any remedies available for Billy under equitable estoppel? Law Statute of Frauds The Statute of Frauds requires that contracts involving land be evidenced in writing. This includes sales, leases, mortgages, the creation of easements and other interests in land.

The document must contain the details of the agreement, including names of the parties, the subject matter of the contract, the consideration, and the material terms and it must be signed by the party being sued.

The statute Equitable estoppel essay frauds does render a contract void but it makes a voidable by one party such that if one party wishes to rescind the contract he or she may do so.

Exception to Statute of Frauds An action in estoppel does not require that agreements be evidenced in writing.

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In Walton v Maher, the court held that the statute of frauds does not apply where the basis for the enforcement of rights is estoppel and not contract. An action in estoppel does not require a contract to be in Equitable estoppel essay but only for the elements of estoppel, assurance, reliance and detriment, to be fulfilled.

Proprietary Estoppel A special branch of estoppel that deals with land called Proprietary estoppel. A case of proprietary estoppel is common expectation. Proprietary estoppel also does not require active encouragement from the landlord.

It may arise where the landlord simply stood by and allowed someone to use the land. The court considers it unconscionable for a landlord to insist on his rights after kept silent and allowed the claimant to act on his mistaken belief and incur such detriment. The same principle was applied in Walton v Maher.

There are several remedies available to the claimant. The court may also allow the claimant to occupy the property for as long as he desired by issuing a lease or a license.

The court may also award damages where it is impossible for the claimant to occupy the land. There are also cases where the court will grant ownership of the land to the claimant.

The court may also issue a restraining order that will stop the landlord from preventing the claimant to fully enjoy the land. As the contract between Annie and Billy involves the sale of land, the statute of frauds applies.

Annie orally promised Billy the sale of the land once the approval of the subdivision was obtained. This agreement was evidenced by a document which stated the details of the sale of land, including the price, the weekly payments, the deposit and the interest charged. However, Annie, the owner of the land and the other party to the contract, did not sign the document.

The dynamics over the years between the homeowners and the FCC to can be summed up as follows: The Fountains of Palm Beach was a homeowner centric community prior to , and it was the residents (not the FCC members) who were the focal point, with . Estoppel. Issues: Do Annie & Billy have a contract for the sale of land? Are there any remedies available for Billy under equitable estoppel? Law. This essay will look into the concept of consideration as one of the key elements of legally binding contract as well as consider the doctrine of promissory estoppel. It will further consider the case law on the doctrine of promissory estoppel and whether Lord Denning’s view of the doctrine is an accurate representation of the law.

The contract between Annie and Billy is voidable as the contract does not fulfill the formality requirements of a contract for the sale of land to be valid. Under contract, Annie may choose not to go through with the contract and may ask Billy to vacate the property. Although Billy is unable to find relief in contract law, he may turn to the laws of equity specifically estoppel.

Under estoppel, he does not need to conform to the requirements set by the statute of frauds.Renata Petrylait ] Can the doctrine of equitable estoppel be applied against a government?98 Introduction Government is an integral part of human lives.

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each, eager, eagerer, eagerest, eagerly, eagerness, eagernesses, eagers, eagle, eagles, eaglet, eaglets, eagre, eagres. ESTOPPEL ESSAY. Uploaded by. Jack Bartlett. Download with Google Download with Facebook or download with email.

ESTOPPEL ESSAY. Download. In this way, equitable estoppel can be described in Brennan J’s suggestion that it is “an equity created by estoppel” Importantly, the remedial difference of common law and equitable estoppel is.

Equitable estoppel essay

The application of equitable estoppel in Australia originated Read More. Words 6 Pages. Doctrine of Promissory Estoppel. Essay This essay will consider and discuss the nature of proprietary estoppel and the two views on unconscionaibility;.

Promissory Estoppel Essay Contracts are made to ensure reliability and effectiveness between the parties doing business. promissory estoppel, proprietary estoppel and equitable estoppel.

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Land Law – Proprietary Estoppel Essay – Free Papers and Essays Examples