Which of the following statements is false in relation to the operation of proprietary estoppel in acquiring an interest in the family home?
A) Improvement of the legal owner's land is evidence from which a change of position in reliance on a representation or assurance may be found.
B) While it is clear that the claimant must rely on the assurance made by the defendant in relation to the property, the extent and nature of the reliance necessary is a question of fact in every case.
C) For a claimant to establish a successful estoppel claim, they must not, for example, have procured the original assurance through a deceitful action.
D) Proprietary estoppel will only successfully be pleaded where the representation or assurance is enforceable as a contractual obligation.
Correct Answer:
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