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7 The Extent of the Equity

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

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

This chapter considers the impact of B’s claim on A: in relation to each of the acquiescence- and promise-based strands, the nature and extent of A’s liability to B is assessed; the effect of the representation-based strand is simply that A is precluded from denying the existence of a particular state of affairs. Therefore, in analysing the law in this area, it is helpful to keep in mind the distinction between the extent of B’s equity on the one hand and the means of giving effect to that equity on the other. Nonetheless, even when that remedial question is separated out, the law as to the extent of B’s equity is far from clear. Indeed, there are cases in which a court has justified its chosen response to a promise-based proprietary estoppel on the basis that it was the least unsatisfactory of the possible outcomes. The lack of clarity is most noticeable, and most problematic, in the most important of the three forms of proprietary estoppel: the promise-based strand.

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