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The Law of Proprietary Estoppel (Hardcover, 2nd Revised edition)
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The Law of Proprietary Estoppel (Hardcover, 2nd Revised edition)
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This is the second edition of the leading authority on the law of
proprietary estoppel, which has been cited by courts across the
common law world. It is a comprehensive and practically structured
resource which offers guidance on managing proprietary estoppel
cases. Relevant authorities are set out in a clear and accessible
way, helping readers to make sense of a complex and rapidly
developing area of law. Recent case-law discussed in the second
edition, from England but also with updated reference to other
common law jurisdictions, including new decisions of the top courts
in each of Australia, Canada, and Singapore. Proprietary estoppel
has come to particular prominence in recent years: it is frequently
pleaded by litigants wishing to show that they have informally
acquired an interest in land. As a result of its vigorous
development by the courts, there is no comprehensive and
uncontroversial definition of the doctrine. There is also much
debate as to the relationship between proprietary estoppel and
other doctrines, such as constructive trusts and unjust enrichment.
A problem faced by anyone seeking to make, or respond to, a
proprietary estoppel claim is that the law is to be found almost
entirely in cases. This new edition of The Law of Proprietary
Estoppel sets out a clear structure with which to understand the
law and thus assists practitioners, academics, and others in
navigating their way through the complex case-law on proprietary
estoppel, and also in understanding its relationship with related
doctrines, particularly other forms of estoppel. It has been fully
updated with analysis of key recent cases in the farming and family
context (eg Davies v Davies [2016] EWCA Civ 463, Moore v Moore
[2018] EWCA Civ 2669, Habberfield v Habberfield [2019] EWCA Civ 890
and Guest v Guest [2020] EWCA Civ 387) and in the commercial
context (eg Hoyl Group Ltd v Cromer Town Council [2015] EWCA Civ
782 and Farrar v Miller [2018] EWCA Civ 172), considering issues
such as the requirements of a proprietary estoppel claim, the role
of formalities, and the satisfaction of an estoppel equity.
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