Proprietary Estoppel is a remedy that effectively prevents someone from reneging (going back) on assurances or ‘promises’ that they made to another person.
In certain circumstances the court will intervene to enforce such promises if it considers that:
- A promise or assurance of sufficient clarity was provided by the promisor to the claimant
- The claimant relied upon that promise or assurance
- The claimant acted to their detriment by relying upon that promise or assurance (i.e. they suffered some form of loss)
- The outcome following the provision of the promise or assurance and the reliance have led to an ‘unjust’ result
Even if the court agrees that a claim should be successful, the claimant will not necessarily receive what was promised to them. The court will consider the degree of detriment suffered by the claimant and will use its discretion to make an appropriate or ‘fair’ award.
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