Gillett V. Holt Essay

2974 words - 12 pages

Gillett v. Holt

The doctrine of proprietary estoppel is an equitable intervention in
cases where the enforcement of legal rights is considered by the
courts to be unconscionably unfair. The essence of the doctrine
arises, as defined by Snell:

'[when] one (A) is encouraged to act to his detriment by the
representations or encouragement of another (O) so that it would be
unconscionable for O to insist on his strict legal rights.' (McGhee,
2000, p.637)

In the absence of a written agreement, estoppel acts as an evidentiary
tool with which the courts can help ensure fair interaction in
property dealings. Proprietary estoppel is a method by which informal
arrangements are recognized as being capable of creating proprietary
interests. Given that it lies within the domain of equity, the case
law indicates a great flexibility in its application, both in the
substantive requirements of proof demanded by the courts and in the
manner in which the courts will satisfy the equity. It is the first of
these aspects of the doctrine that I will examine in this essay. I
will look at the shift in the evidentiary requirements and what a
representation (or an assurance of rights), a reliance (a change of
position on the basis of that assurance) and a detriment (or
unconscionable disadvantage) - the three pre-requisites for a
successful claim - have come to mean with regard to case law and in
particular the judgement of Judge Robert Walker in the Court of Appeal
in Gillett v. Holt[1], in which the plaintiff had been given repeated
assurances over many decades that he would inherit the defendant's
estate, and remained in service to him at least partially on that
basis until the promises were finally rescinded. In that case, Walker
J referred to the need to "look at the case in the round" when
deciding whether the application of proprietary estoppel is an
appropriate remedy. Whether this amounts to a departure from the
criteria laid down by Oliver J in Taylor Fashions v Liverpool Victoria
Trustees (1982)[2] that a claimant must prove an assurance, a reliance
and a detriment in circumstances where it would be unconscionable for
the defendant to strictly assert his legal right is crucial in
determining the status of proprietary estoppel after Gillett v Holt.

Proprietary estoppel has been available as an equitable remedy for
decades, performing Equity's duty and intervening in instances where
the absence of an informal agreement results in a manifest abuse of
legal property rights. An early case that gave it credibility as a
legal option was Inwards v. Baker[3] in which a son who had
constructed a bungalow on his father's land upon his request and lived
in it with his family for over 30 years was granted a licence by
estoppel to remain on the land for as long as he desired despite the

Find Another Essay On Gillett v. Holt

Enlightenment Thought in New Zealand Schools

1594 words - 6 pages : Blackwell Publishers Ltd. Mill, J.S (1992). In I. Hampsher, A History of Modern Political Thought (pp. 405-406). Oxford: Blackwell Publishers Ltd. Rata, E. (2001). Teachers and socioeconomic class in education. In V. Carpenter, H. Dixon, E. Rata, & C. Rawlinson (Eds.), Theory in Practice for Educators, (pp. 137-160). Palmerston North: Dunmore. Scruton, R. (2000). Enlightenment. In An Intelligent Person’s Guide to Modern Culture, (pp. 22- 29). Indiana: St Augustine’s Press.

Psychological Egoism Theory Essay

2240 words - 9 pages The theory of psychological egoism is indeed plausible. The meaning of plausible in the context of this paper refers to the validity or the conceivability of the theory in question, to explain the nature and motivation of human behavior (Hinman, 2007). Human actions are motivated by the satisfaction obtained after completing a task that they are involved in. For example, Mother Teresa was satisfied by her benevolent actions and

How Celtic Folkore has Influenced My Family

1587 words - 6 pages Every family has a unique background that influences the way they live and interact with other people. My parents, who emigrated from Ireland to the States with my three brothers in 1989, brought over their own Celtic folklore and traditions that have helped shaped the way our family operates and lives. One aspect of folklore that has helped shape my family dynamic is the Celtic cross—both its background and what role it has played in our lives

Julia Margaret Cameron

1406 words - 6 pages At a time when women were looked upon as being homemakers, wives, mothers and such the late 1850's presented a change in pace for one woman in specific. Photography was discovered in 1826 and soon after the phenomenon of photography was being experimented with and in turn brought new and different ways of photo taking not only as documenting real time, but also conceptualizing a scene in which an image would be taken. Julia Margaret Cameron will

Evaluation of School Improvement

1403 words - 6 pages The evaluation process should be progressive to incorporate overall planning, implement changes, which contribute to success. In order to focus on school climate and norms, the evaluation design must include the students, instructions, and outcomes to improve communication and building-level concerns to be address in this response. School Climate and Social Norms The school principal, other staff leaders, and personnel set the tone and the

Case Study: The Benefits of Animal Testing

1757 words - 7 pages Nine year old Amy has already had a rough start in life. She was born with an abnormal heart that hinders her everyday activities. Amy is unable to keep up with kids her own age because she often tires out easily. As a consequence, she has very little friends and is often alone. Amy is forced to take different medications everyday just to survive. Amy’s life consists of medicine, doctors, and constant hospital visits. However, Amy is due for a

Myth and Magic: Realism in "One Hundred Years of Solitude"

1531 words - 6 pages “He enjoyed his grandmother's unique way of telling stories. No matter how fantastic or improbable her statements, she always delivered them as if they were the irrefutable truth” (Wikipedia, 2011). Experiences are particular instances of one personally encountering or undergoing something and in these moments of time life changes for the best or the worst and memories are formed. These recollections such as riding your first bicycle, going to

Adiponectin: a Novel Indicator of Malnutrition and Inflammation in Hemodialysis Patients

2384 words - 10 pages -Girard V, Pomeranz V, Iriarte R, Bruetman JE, Trimarchi H. ["Malnutrition-inflammation complex syndrome" in chronic hemodialysis]. Medicina (B Aires)2011;71(1):66-72. 2. Kalantar-Zadeh K, Ikizler TA, Block G, Avram MM, Kopple JD. Malnutrition-inflammation complex syndrome in dialysis patients: causes and consequences. Am J Kidney Dis2003 Nov;42(5):864-81. 3. Nakagawa N, Yao N, Hirayama T, Ishida M, Ishida H, Wada A, Fujino T, Saijo Y, Kikuchi K

The Congo Free State: A Legacy of Apathy, Exploitation and Brutality

2298 words - 9 pages Between 1885 and 1908, Belgium’s Leopold II ruled Congo, a region in central Africa, as his personal colony, exploiting the resources and inhabitants for his own gain. Leopold allowed and encouraged Europeans and other Westerners to enter Congo and set up companies whose primary purpose was to gather rubber, which was abundant but difficult to get to in the Congo, using the Congolese as the laborers for the Europeans. Rubber gathering in Congo

Selective Exposition in The Lottery, by Shirley Jackson

1073 words - 4 pages Usually when someone hears the word “lottery” the first thing that comes to mind is a large sum of cash that people compete against highly impractical odds to win. Shirley Jackson’s story The Lottery might imply a similar conception based on the title alone, but the story is filled with unknowns never revealing exactly when and where the story takes place, or why the lottery exists; even what the lottery is isn’t revealed until the very end. Yet


1857 words - 7 pages INTRODUCTION I remember when I was a young child; I would always be scared whenever there was a severe storm outside that included thunder and lightning. This was especially true in the hours of darkness, when you could really see the lightning. As I grew older this so-called fear of lightning turned into a fascination for this weather phenomena. One of my most vivid memories of lightning as a young man was when I was flying to Florida, the

Similar Essays

The Dominance Of Biomedicine And Challenges To Its Discourse

3477 words - 14 pages ’ idea, doctors came to ignore the experience of persons with disease; separating the body from other features of personhood (Barry, 2006; Longino, 1998; Marcum, 2008). The foundation of biomedicine then is the materialization of life and the simplification of the many aspects of one’s being (Gillett, 2010). Looking through the lens of biomedicine, the body is perceived to be material, and the scientific approach to disease and illness is

When The Bubble Burst Essay

1539 words - 6 pages By the time I arrived state side from my second tour in the Middle East the housing bubble had already burst. I noticed a drastic change in the way that many of my friends and family were living. Several of my friends that worked in real estate had sold their boats and seconds houses. My own stock portfolio had lost a third of its value. My sister and her husband had defaulted on their home mortgage leaving them scrambling for a place to live. I

Phase Diagram Essay

4456 words - 18 pages Introduction: Chemical equilibrium is a crucial topic in Chemistry. To represent and model equilibrium, the thermodynamic concept of Free energy is usually used. For a multi-component system the Gibbs free energy is a function of Pressure, Temperature and quantity (mass, moles) of each component. If one of these parameters is changed, a state change to a more energetically favorable state will occur. This state has the lowest free energy

Revolutionary Work Of Art Essay

1890 words - 8 pages Walter Benjamin emphasizes in his essay, “The Work of Art in the Age of its Technological Reproducibility” that technology used to make an artwork has changed the way it was received, and its “aura”. Aura represents the originality and authenticity of a work of art that has not been reproduced. The Sistine Chapel in the Vatican is an example of a work that has been and truly a beacon of art. It has brought a benefit and enlightenment to the art