Jump to Content Jump to Main Navigation

9 Remedies

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

Ben McFarlane

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 29 July 2021

Remedies for breach of contract — Applicable law — Property and title and choice of law — Passing of property

This chapter deals with remedies and so looks at how a court will enforce B’s rights, whether against A or any other party bound by those rights. The practical remedial question of how best to enforce B’s rights arises irrespective of the means by which those rights have been acquired, and so this chapter makes no distinction between the three strands of proprietary estoppel. Here, a court has a wide discretion when deciding how best to protect and enforce B’s right. Whenever a court has to answer the remedial question, and thus must decide how best to protect and enforce a right of B, it will need to have the flexibility to mould its order to the facts before it. This is true whether or not B’s right has arisen through proprietary estoppel.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.