Question 1

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

Accepted Answer

In Ashburn Anstalt v. Arnold, the court confirmed that licences do not grant a proprietary interest in property but merely give permission to do something that would otherwise be unlawful, distinguishing them from leases or other property interests.

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?

Accepted Answer

B

Question 3

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

Accepted Answer

In Wood v. Leadbitter, the nature of the licence was a permission to be on a racecourse. This case is often cited in legal discussions regarding the revocability of licenses to enter or use someone else's land.

Question 4

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

Accepted Answer

Not taking alternative employment elsewhere has been recognized as a sufficient detriment in the context of promissory estoppel, as it involves foregoing potential opportunities based on a promise or assurance.

Question 5

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

Accepted Answer

The answer of Are the remedies of specific performance and...

Question 6

Need the detriment be purely financial?

Accepted Answer

The answer of Need the detriment be purely financial?...

Question 7

How are licences defined in Thomas v. Sorrell?

Accepted Answer

The answer of How are licences defined in Thomas v....

Question 8

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

Accepted Answer

The answer of In which case did we see the...

Question 9

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

Accepted Answer

The answer of Is it necessary that the landowner intends...

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?

Accepted Answer

The answer of What mechanism was used by Lord Denning...

Question 11

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

Accepted Answer

The answer of What was the problem with the contract...

Question 12

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

Accepted Answer

The answer of What remedy was given to satisfy the...

Question 13

What remedy was given in Dillwyn v. Llewellyn?

Accepted Answer

The answer of What remedy was given in Dillwyn v....

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?

Accepted Answer

In Gillett v. Holt, the promise to leave property in a will was central to the claim in estoppel, as the claimant relied on this promise to his detriment.

Question 15

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

Accepted Answer

A promise that the person may be able to have a house for life is insufficiently certain because it is conditional ("may be able to") and lacks the definitiveness required to form the basis of an estoppel. Estoppel generally requires a clear and unambiguous promise or representation.

Question 16

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

Accepted Answer

Section 116 of the Land Registration Act 2002 confirms that an equity by estoppel is capable of binding third parties.

Question 17

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

Accepted Answer

A constructive trust is not automatically imposed in all circumstances where a purchaser has promised to honor a contractual license. The imposition of a constructive trust depends on specific conditions being met, such as the presence of fraud, unjust enrichment, or other equitable considerations, and is determined on a case-by-case basis by the court.

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.

Accepted Answer

Estoppel can arise even without precise geographical details if there is a clear intention and reliance on the promise regarding the inheritance of property, as the principle focuses on the fairness of enforcing promises based on the reliance of the promisee.

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.

Accepted Answer

The answer of there cannot be reliance on the assurance...

Question 20

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

Accepted Answer

Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 applies specifically to contracts for the sale or other disposition of an interest in land, not to contractual licence agreements.

Quiz 9: Licences and Proprietary Estoppel