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Proprietary estoppel is a legal claim, especially connected to English land law, which may arise in relation to rights to use the property of the owner, and may even be effective in connection with disputed transfers of ownership. Proprietary estoppel transfers rights if
Estoppel by representation of fact and promissory estoppel are mutually exclusive: the former is based on a representation of existing fact (or of mixed fact and law), while the latter is based on a promise not to enforce some pre-existing right (i.e. it expresses an intention as to the future).
Estoppel forms part of the rules of equity, which were originally administered in the Chancery courts. Estoppel in English law is a doctrine that may be used in certain situations to prevent a person from relying upon certain rights, or upon a set of facts (e.g. words said or actions performed) which is different from an earlier set of facts.
Modern contract theory has also permitted remedies on alternative theories such as promissory estoppel. Also, modifications to existing lease agreements (as opposed to the creation of a new lease agreement) do not require consideration, [ 2 ] nor do modifications to existing sale contracts. [ 3 ]
An Appellate Division, First Department panel rejected the reliance-based argument of promissory estoppel by the plaintiff, indicating that he would not suffer an unfair injury if the statute of ...
Promissory estoppel can be applied in many but not all jurisdictions when the charging party detrimentally relies on the otherwise unenforceable contract. [7] In England and Wales, the circumstances where promissory estoppel may be used to overcome the statute are limited, [ 8 ] and some jurisdictions deny this possibility altogether.
Based upon recent case pronouncements by both New York’s highest court and federal courts, the doctrine of promissory estoppel should be invoked with selectivity, particularly when used to ...
Ray materially misrepresented the facts to Joe. In order to preserve equity, the court will likely find an easement by estoppel. On the other hand, if Ray had offered access to the bridge and driveway after selling Joe the land, there may not be an easement by estoppel. In this instance, it is merely inconvenient if Ray revokes access to the ...