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5 Unconscionability

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: 27 September 2022

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

This chapter considers whether B separately needs to show unconscionable conduct by A in order to establish a proprietary estoppel. It focuses in particular on A’s conscience. Here, the chapter notes that there is no such independent requirement, but that the concept of unconscionability, in each of two different senses, nonetheless has some role to play in the current law of proprietary estoppel. That role varies between each of the three strands and so they will again be considered separately. In addition, a clear analysis depends on making two important distinctions: first, between two different senses of unconscionability; and secondly, between each of the three different strands of proprietary estoppel set out in the first chapter.

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