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dc.contributor.authorSloan, Brianen
dc.date.accessioned2019-04-24T23:30:33Z
dc.date.available2019-04-24T23:30:33Z
dc.date.issued2009en
dc.identifier.issn0010-8200
dc.identifier.urihttps://www.repository.cam.ac.uk/handle/1810/291959
dc.description.abstractThe doctrine of proprietary estoppel is living in interesting times, having recently had only its second substantive consideration by the House of Lords. In Cobbe v Yeoman’s Row Management Ltd., their Lordships held that an oral commercial arrangement that is binding in honour only cannot usually generate a proprietary estoppel claim. Another context in which the doctrine has increasingly been applied is the domestic sphere, particularly in cases of testamentary promises made orally to unpaid workers. Writing extra-judicially, Lord Walker has recognised the importance of estoppel in providing a remedy in these ‘assistance’ cases. Nevertheless, in spite of the commercial nature of the facts in Cobbe, the wide-ranging remarks of their Lordships (particularly Lord Scott) could have serious implications for such domestic cases. Indeed, Ben McFarlane and Andrew Robertson have (perhaps prematurely) contemplated the demise of proprietary estoppel as a doctrine in its own right. Thorner v Curtis was the last domestic case to be decided by the Court of Appeal before Cobbe. Thorner itself has recently been the subject of an appeal to the House of Lords, and their Lordships’ judgments will be eagerly awaited.
dc.rightsAll rights reserved
dc.titleEstoppel and the Importance of Straight Talkingen
dc.typeArticle
prism.publicationDate2009en
prism.publicationNameConveyancer and Property Lawyeren
dc.identifier.doi10.17863/CAM.39114
rioxxterms.versionAM
rioxxterms.licenseref.urihttp://www.rioxx.net/licenses/all-rights-reserveden
rioxxterms.licenseref.startdate2009en
dc.contributor.orcidSloan, Brian [0000-0003-3468-8950]
rioxxterms.typeJournal Article/Reviewen
rioxxterms.freetoread.startdate2010-12-25


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