Proprietary Estoppel Essay
List of Authorities:
Cases : 1. Crabb v Arun 2. Central London Property Trust Ltd v High Tress House Ltd 3. Ramsden v Ryson 4. Willmott v Barber 5. Taylors Fashions Ltd v Liverpool Victoria Trustees Co. Ltd 6. Matharu v Matharu 7. Taylors Fashions Ltd v Liverpool Trustees Co 8. Gillet v Holt 9. Dillwyn v Llewellyn 10. Inwards v Baker 11. Jennings v Rice 12. Lloyds Bank v Carrick 13. Birmingham Midshires Mortgage Services Ltd v Sabherwal 14. City of London Building Society V Flegg
Statutes : 1. LRA 1925 S. 70(1)(g) …show more content…
‘’Equity comes in.. to mitigate the rigours of strict law… it will prevent a person insisting on his strict legal rights… when it would be inequitable for him to do so having regard to the dealings which have taken place between the partirs.’’
Thus, if one party promised not to enforce his legal rights and the other party acted upon this, equity would not allow the promisor to go back on this promise, even thought it might not be enforeceable against him on a contractual basis. This aspect of equitable estoppels, specifically, promissory estoppel was taken from the case of Central London Property Trust Ltd v High Tress House Ltd where, In 1937, during World War 2 High Trees House Ltd promised to lease a block of flats in Balham, London, for a rate £2500/year from Central London Property Trust Ltd. Later on, both parties made an agreement in writing to reduce the rent by half. However, neither party stipulated the period for which this reduced rental was to apply. Over the next five years, High Trees paid the reduced rate while the flats began to fill, and by 1945, the flats were back at full occupancy. Central London sued for payment of the full rental costs from June 1945 onwards.
The court, based on previous judgments such as Hughes v