This book provides the first comprehensive and practically structured resource on the doctrine of proprietary estoppel. It offers answers to a number of difficult problems arising in recent litigation and guidance on managing proprietary estoppel cases. Relevant authorities are set out in an accessible and user-friendly format addressing issues that arise in practice, such as 'reasonable reliance', 'unconscionable conduct', and 'satisfying the equity'.
The long-standing doctrine of proprietary estoppel has come to prominence in recent years - it is regularly discussed by courts at all levels and is frequently pleaded by litigants wishing to show that they have informally acquired an interest in land. As a result of its vigorous recent development by the courts, there is no comprehensive and uncontroversial definition of the doctrine. There is also much debate regarding 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. The Law of Proprietary Estoppel sets out a clear structure with which to understand the law and will thus assist
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.
This book is essential for all practitioners and scholars who encounter problems related to the doctrine of proprietary estoppel. The clear structure of the book makes the law easier to follow and enables readers to find relevant authorities quickly. The work draws together all of the relevant scholarship on proprietary estoppel and makes reference to useful cases from outside the jurisdiction of England and Wales to aid understanding of the law and related doctrines.
Rezensionen / Stimmen
It is a formidable work of legal scholarship ... This book should have an important role in the work of the courts. * The Honourable K.R. Handley, The Cambridge Law Journal * Ben McFarlane has produced an impressively detailed text, obviously the product of meticulous research. * Peter Webster, The Edinburgh Law Review * The work is a much-needed, great work of scholarship and fills gap in legal literature. A worthwhile addition to the equity and family lawyers' professional library. * Acting Justice Peter W Young AO, Australian Law Journal * ... wide-ranging, detailed and an excellent analysis of this emerging, or actually, re-emerging area of law. Practical, reassured, balanced and readable ... If ever you as a practitioner have cause to feel that all too familiar frisson of fear in court when 'proprietary estoppel' raises its head, you need fear no longer; not when you have this reassuringly erudite book to hand. * Phillip Taylor MBE *
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 248 mm
Breite: 177 mm
Dicke: 43 mm
Gewicht
ISBN-13
978-0-19-969958-2 (9780199699582)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Ben McFarlane is a Professor of Law, at University College London. He has taught in Oxford since 1999 and has published widely on proprietary estoppel, as well as addressing legal practitioners on the subject. He is the author of The Structure of Property Law and a co-author of Land Law: Text, Cases and Materials, the second edition of which will be published in 2012. He was awarded a Phillip Leverhulme Prize in 2010.
Autor*in
Professor of Law, University College London
1. Introduction ; 2. Representation ; 3. Reasonable Reliance ; 4. Prospect of Detriment ; 5. Unconscionable Conduct ; 6. Formality Requirements ; 7. Satisfying the Equity ; 8. Third Parties ; 9. Remedies ; 10. The Wider Legal Context
