- Applicable law
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.