100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Summary Land Law - Guest v Guest £8.16
Add to cart
Quickly navigate to
Preview
  2.  
  3. Oxford University (OX)
  4.  
  5. Land Law

Summary

Summary Land Law - Guest v Guest
 5 views  0 purchase

Comprehensive summary/essay plan on the appropriate basis for granting a remedy in proprietary estoppel cases in Land Law, specifically following the SC judgment of Guest v Guest. This document outlines the judgment and advantages and critiques of both the majority and minority approach which can b...

[Show more]

Preview 1 out of 4  pages

Document information

  • October 7, 2024
  • 4
  • 2022/2023
  • Summary

Subjects

Written for

All documents for this subject (22)

Seller

avatar-seller
bethjscott5713

Content preview

Guest v Guest
What is the appropriate basis for granting a remedy in
proprietary estoppel cases?
1. Facts of Guest v Guest:
Family run farm, owned by C’s parents.
C had worked on farm for over 30 years, living rent-free but receiving a very low
wage.
His parents had made various assurances to him, which left him with the expectation
that he would inherit a significant (but unspecified) proportion of the farm on their
deaths.
After breakdown in familial relations, C brought claim against his living parents for a
share of the farm or a lump sum equivalent to market value.
2. Outcome of Guest v Guest:
3:2 split in SC
Majority –
Starting point = expectation.
Minority –
Starting point = detriment.
Both judgements focused on the proper interpretation of the term “minimum equity
to do justice” coined by Scarman LJ in Crabb v Arun DC
Majority – was about fine tuning the fulfilment of the expectation of the
promise.
Too claimant centred.
Minority – to do justice requires the court not to award a remedy which is
more generous to C and more burdensome for D than is necessary to achieve
the underlying purpose for which the remedy is granted.
This is the natural meaning of the phrase.
3. Critique of the Majority Approach:
Wants to protect the expectation interest but this is not reflected in the remedy
actually awarded.
Gives C’s parents the option to choose from two appropriate remedies.
Either they could put the farm into a life interest trust for C to inherit on their
deaths or they could sell the farm during their lifetimes to pay C a lump sum.
This choice is strange, specifically the latter choice. The extent of the
expectation is that he would inherit the farm after their deaths – so
why would he get a remedy while his parents are still alive?
The court did recognise that any sum awarded (under the second option)
would be significantly discounted to take account of C’s accelerated receipt –
i.e., to reflect the benefit gained by C in receiving the sum sooner than he
otherwise would have done.
BUT – if the court was truly protecting C’s expectation, why was this
an option in the first place?
Effect of the majority decision is that, in proprietary estoppel cases, the law now
awards a remedy based first and foremost on expectation loss, as is the case in
contract law.
This is a problem – gives the claimant the same protection as a contractual
claim, even though a proprietary estoppel claim has more relaxed
requirements.
For contract, need clear and certain terms, an intention to create legal
relations and consideration – in other words, not just any promise can become
a contract.
Contrast with the requirement in proprietary estoppel:

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller bethjscott5713. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £8.16. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

53022 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now

Start selling

Recently viewed by you

Exam (elaborations) ·

(0)

2022 ENG1501 assignment 02 solutions
£8.16
  • (0)
Add to cart
Added