Proprietary estoppel意思
Proprietary estoppel is a legal doctrine in English law that can be used to prevent someone from going back on promises or representations made to another person, if the other person has relied on those promises or representations to their detriment. The doctrine can be used to enforce equitable rights over property, which is why it is called "proprietary" estoppel.
To establish proprietary estoppel, the following elements must be proven:
-
Promise or Representation: The defendant must have made a promise or representation regarding the ownership or future interests in property.
-
Reliance: The claimant must have relied on that promise or representation.
-
Detriment: The claimant must have suffered a detriment as a result of their reliance on the promise or representation.
If these elements are met, the court may order that the claimant is entitled to an interest in the property to prevent the injustice that would result from allowing the defendant to go back on their word.
Proprietary estoppel is a flexible doctrine that can be applied in a wide range of circumstances, and it is often used in cases involving land and property. It is an equitable remedy, which means that the court has discretion to decide whether to apply it based on the specific facts of the case and the principles of fairness.