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10 The Wider Legal Context

From: The Law of Proprietary Estoppel (2nd Edition)

Ben McFarlane

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 29 July 2021

Applicable law — Property and title and choice of law — Passing of property

This chapter considers the wider legal context in which proprietary estoppel operates. It therefore considers some of the practical issues (for example, in relation to taxation or the conflict of laws) that may arise when making or defending a proprietary estoppel claim. It is split into three parts. Firstly, the chapter looks at issues that may arise where B brings a proprietary estoppel claim. It then examines alternative claims that may be relevant when a proprietary estoppel claim is brought or contemplated. Finally, the chapter considers possible future developments in the law of proprietary estoppel and presents a case for the expansion of the promise-based strand to promises that are unrelated to land or other property.

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