Do you want BuboFlash to help you learning these things? Or do you want to add or correct something? Click here to log in or create user.



Tags
#land #law #proprietary-estoppel
Question
In [ case ] (see para 7.2.1.3 above, and your casebook), Lord Walker discussed whether unconscionability is a separate element of establishing an estoppel. He rejected ‘unconscionable’ as describing a state of mind and said:

Here it is being used (as in my opinion it should always be used) as an objective value judgment on behaviour (regardless of the state of mind of the individual in question). As such it does in my opinion play a very important part in the doctrine of equitable estoppel, in unifying and confirming, as it were, the other elements. If the other elements appear to be present but the result does not shock the conscience of the court, the analysis needs to be looked at again. In this case Mrs Lisle-Mainwaring's conduct was unattractive. She chose to stand on her rights rather than respecting her non-binding assurances, while Mr Cobbe continued to spend time and effort, between Christmas 2003 and March 2004, in obtaining planning permission. But Mr Cobbe knew that she was bound in honour only, and so in the eyes of equity her conduct, although unattractive, was not unconscionable.

Answer
Cobbe v Yeoman’s Row Management Ltd

Tags
#land #law #proprietary-estoppel
Question
In [ case ] (see para 7.2.1.3 above, and your casebook), Lord Walker discussed whether unconscionability is a separate element of establishing an estoppel. He rejected ‘unconscionable’ as describing a state of mind and said:

Here it is being used (as in my opinion it should always be used) as an objective value judgment on behaviour (regardless of the state of mind of the individual in question). As such it does in my opinion play a very important part in the doctrine of equitable estoppel, in unifying and confirming, as it were, the other elements. If the other elements appear to be present but the result does not shock the conscience of the court, the analysis needs to be looked at again. In this case Mrs Lisle-Mainwaring's conduct was unattractive. She chose to stand on her rights rather than respecting her non-binding assurances, while Mr Cobbe continued to spend time and effort, between Christmas 2003 and March 2004, in obtaining planning permission. But Mr Cobbe knew that she was bound in honour only, and so in the eyes of equity her conduct, although unattractive, was not unconscionable.

Answer
?

Tags
#land #law #proprietary-estoppel
Question
In [ case ] (see para 7.2.1.3 above, and your casebook), Lord Walker discussed whether unconscionability is a separate element of establishing an estoppel. He rejected ‘unconscionable’ as describing a state of mind and said:

Here it is being used (as in my opinion it should always be used) as an objective value judgment on behaviour (regardless of the state of mind of the individual in question). As such it does in my opinion play a very important part in the doctrine of equitable estoppel, in unifying and confirming, as it were, the other elements. If the other elements appear to be present but the result does not shock the conscience of the court, the analysis needs to be looked at again. In this case Mrs Lisle-Mainwaring's conduct was unattractive. She chose to stand on her rights rather than respecting her non-binding assurances, while Mr Cobbe continued to spend time and effort, between Christmas 2003 and March 2004, in obtaining planning permission. But Mr Cobbe knew that she was bound in honour only, and so in the eyes of equity her conduct, although unattractive, was not unconscionable.

Answer
Cobbe v Yeoman’s Row Management Ltd
If you want to change selection, open original toplevel document below and click on "Move attachment"

Parent (intermediate) annotation

Open it
In Cobbe v Yeoman’s Row Management Ltd (see para 7.2.1.3 above, and your casebook), Lord Walker discussed whether unconscionability is a separate element of establishing an estoppel. He rejected ‘unconscionable’ as describing

Original toplevel document (pdf)

cannot see any pdfs

Summary

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Details

No repetitions


Discussion

Do you want to join discussion? Click here to log in or create user.