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4 Detriment

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: 04 October 2022

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

This chapter deals with B’s detriment; as this requirement is common to, and treated the same way in, each of the strands, a unified approach is taken. It shows that a proprietary estoppel claim, whether based on A’s acquiescence, representation, or promise, will fail if B cannot show that, were A free to act as A wishes, B would suffer a detriment. Some confusion has, however, been caused by the interaction between proprietary estoppel and other principles that, whilst related to proprietary estoppel, do not contain such a detriment requirement. It is therefore important to distinguish such principles from proprietary estoppel. In addition to this, the chapter also discusses the legal test for detriment.

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