Question 1

The court will never allow mistakes to be changed in documents.

Accepted Answer

Mistakes in documents can be corrected through various legal procedures and with the approval of the court. However, it depends on the type of mistake, the stage of the legal proceedings, and other relevant factors.

Question 2

Equitable remedies are only awarded in exceptional circumstances, when an award of damages at common law would not adequately compensate the claimant.

Accepted Answer

Equitable remedies, such as injunctions and specific performance, are typically only granted when damages are not sufficient to remedy an injustice or harm suffered by the claimant.

Question 3

Proprietary estoppel is an equitable cause of action that enables a claimant to claim an interest in property.

Accepted Answer

Proprietary estoppel is indeed an equitable cause of action that allows a claimant to claim an interest in property.

Question 4

It was held in Thorner v Major (2009) 1 WLR 776 that a combination of the defendant's conduct and the requisite assurances on which the claimant could rely could be sufficient for a proprietary estoppel claim.

Accepted Answer

This is the correct statement of the law as confirmed in Thorner v Major.

Question 5

In Cobbe v Yoeman's Row (2008) 1 WLR 1752 the court insisted that the rigid requirements to establish a claim in proprietary estoppel must be proven.

Accepted Answer

The statement is correct as the court in Cobbe v Yoeman's Row (2008) 1 WLR 1752 emphasized that the claimant in proprietary estoppel must prove the requirements of the doctrine such as assurance, reliance, and detriment.

Question 6

In Thorner v Major, Lord Neuberger thought in many circumstances it would be difficult to establish detrimental reliance upon an assurance.

Accepted Answer

The answer of In Thorner v Major, Lord Neuberger thought...

Question 7

Detrimental reliance was found not in Inwards v Baker (1965) 2 QB 29 as the Court of Appeal held that the son should have realised that his father was joking when he assured him that it would be acceptable to construct the property.

Accepted Answer

In Inwards v Baker, the court found in favor of the son, establishing that he had detrimentally relied on his father's assurance that he could build on the father's land, leading to the son gaining an equitable interest in the property.

Question 8

Detrimental reliance can only come after the representation.

Accepted Answer

Detrimental reliance occurs when a party takes action based on a representation or promise made by another party, so it logically follows that the representation or promise must come first for there to be reliance upon it.

Question 9

Was the claimant in Pascoe v Turner (1979) 1 WLR 431 awarded what she expected to receive?

Accepted Answer

In Pascoe v Turner, the court ruled in favor of the claimant, awarding her the house as she had been led to believe it would be hers, based on the defendant's representations and her reliance on these representations.

Question 10

Which case stated that an assurance arising from conduct alone would be enough for proprietary estoppel?

Accepted Answer

Crabb v Arun District Council established that an assurance arising from conduct alone could be sufficient for proprietary estoppel, demonstrating that explicit promises are not always necessary for such a claim.

Question 11

Which of these are types of injunction?

Accepted Answer

All options given are types of injunctions. Prohibitory injunctions prevent someone from doing something, while mandatory injunctions require someone to do something. Quia timet injunctions are preventative injunctions used when harm is likely to occur in the future. Search orders allow a party to search and seize evidence, while freezing orders prevent a party from disposing of assets.

Question 12

What does constitution of a trust mean?

Accepted Answer

The answer of What does constitution of a trust mean?...

Question 13

What is meant by 'equity will not assist a volunteer'?

Accepted Answer

The answer of What is meant by 'equity will not...

Question 14

What did Lord Scott in Thorner v Major consider as the appropriate remedy to suit the facts of the case?

Accepted Answer

The answer of What did Lord Scott in Thorner v...

Quiz 17: Equitable Remedies and Proprietary Estoppel