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2 Acquiescence, Representation, or Promise

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

Ben McFarlane

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 03 October 2022

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

This chapter is concerned with the conduct of a person, A. Each of the acquiescence-, representation-, and promise-based strands is considered separately. The chapter therefore sets out the particular conduct of A that may give rise to a proprietary estoppel. The need to distinguish between these three forms is particularly evident when considering the notion that a proprietary estoppel claim requires a representation or assurance by A. Whilst the formulation in Thorner describes the first element of proprietary estoppel as consisting of a ‘representation or assurance’, it is submitted here that it is more accurate to describe that element as capable of being satisfied by A’s acquiescence, representation, or promise.

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