Deck 9: Licences and Proprietary Estoppel

Question 1

The Court of Appeal in Ashburn Anstalt v. Arnold confirmed that licences are not proprietary interest.

Answer 1

True

Question 2

Which case supports the idea that the claimant cannot be given a more extensive right than was promised to them when remedying the estoppel?

A) Thorner v. Major
B) Orgee v. Orgee
C) Crabb v. Arun DC
D) Jennings v. Rice

Answer 2

B

Question 3

What was the nature of the licence in Wood v. Leadbitter?

A) A permission to be on a racecourse
B) A permission to be in a cinema
C) A permission to use a pleasure garden
D) A permission to enter land to carry out building works

Answer 3

A

Question 4

Which of the following have been held to be a sufficient detriment to give rise to an estoppel?

A) Not taking alternative employment elsewhere
B) Looking after an elderly person
C) Financial outlay making improvements to a house
D) Selling off part of one's land

Question 5

Are the remedies of specific performance and injunction available for breach of a contractual licence?

Question 6

Need the detriment be purely financial?

Question 7

How are licences defined in Thomas v. Sorrell?

Question 8

In which case did we see the flexible approach to proprietary estoppel emerge?

Question 9

Is it necessary that the landowner intends to make an assurance?

Question 10

What mechanism was used by Lord Denning in Binions v. Evans to attempt to bind a purchaser to the terms of a contractual licence to which they had expressly agreed to be bound on purchasing the land?

Question 11

What was the problem with the contract in Flowermix v. Site Developments?

Question 12

What remedy was given to satisfy the equity in Wayling v. Jones?

Question 13

What remedy was given in Dillwyn v. Llewellyn?

Question 14

In which of the following cases did a promise to leave something in a will form the basis of the claim in estoppel?

A) Gillett v. Holt
B) Crabb v. Arun DC
C) Cobbe v. Yeoman's Row
D) Binions v. Evans

Question 15

Which of the following would be insufficiently certain representation to form the basis of an estoppel?

A) A promise that the person may be able to have a house for life
B) A promise that the person would have an interest in the house
C) A promise that the person would be able to inherit the farm
D) A promise that the person would inherit all of someone's property

Question 16

Which section of the Land Registration Act 2002 confirms that the equity by estoppel is capable of binding third parties?

A) Section 1(2)
B) Section 28
C) Section 116
D) Schedule 3, paragraph 2

Question 17

in all circumstances where a purchaser has promised to honour a contractual licence, they will be bound by a constructive trust.

Question 18

it is necessary to know the precise geographical extent of a plot before a promise that someone will inherit that plot can amount to a sufficiently certain representation to give rise to an estoppel.

Question 19

there cannot be reliance on the assurance for the purposes of proprietary estoppel if the claimant would have considered acting in the way they did even if the assurance had not been made.

Question 20

contractual licence agreements need to meet the requirements of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989.

Question 21

for proprietary estoppel to operate it is necessary to point to an assurance that the claimant will receive a specific property right over the land. Justify your answer by reference to the case law.

Question 22

a licensor can make a claim for possession against a trespasser even if not in existing possession. Justify your answer by reference to the case law.

Question 23

an estoppel can arise even where the parties did not intend to be bound legally to their agreement at that stage in their negotiations. Justify your answer by reference to the case law.

Question 24

detriment without any assurance can be enough to found a claim in estoppel.

Question 25

the remedy for an estoppel will always be the fulfilment of the assurance made.

Question 26

an equity by estoppel can be protected against a purchaser by entry as a notice on the register.

Question 27

the licence of the sort found in 'licence coupled with a grant' cases has an existence independent of the property right granted.

Question 28

In which court was King v. David Allen and Sons, Billposting decided?

A) House of Lords
B) Court of Appeal
C) High Court
D) Adjudicator

Question 29

According to Lord Walker in Thorner v. Major, in order to found a proprietary estoppel, the relevant assurance must be ___. (9.5)