i have that griffith sample answer and questioned it on boards.ie. It had been my understanding that promissory estoppel never comes up, and I thought it appeared to be proprietary estoppel from the facts. Apparently the sample answer was an error, and its meant to be proprietary. hopefully anyway cos thats what i put! say its ok if u argue either way tho...
On Oct 5, 5:33 pm, Ruddy <[email protected]> wrote: > Irish judiciary are completely att odds with the whole using > promissory as a sword thing...Costello in Re JR says yes caspable of > creating proprietary interest but O'hanlon in Asc of GP's LTD v > minister for health says could not be used as cause of action. Im > beginning to be thankful for my choice to skip it!! > > Again anyone got any thoughts for contract friday?? > > On Oct 5, 5:25 pm, MacDara Norris <[email protected]> wrote: > > > > > I think (hope) it was proprietary as it relates to interests in > > property. > > Also promissory is only a defence to a claim which would have left > > the son with no remedy whereas you can base a claim in proprietary > > estoppel. I went for estoppel under Ramsden v Dysen but who knows! > > > On Oct 5, 5:15 pm, Ruddy <[email protected]> wrote: > > > > Hi Im going on sample answer I have from Griffith, it identifes the > > > question as promissory and goes on into High trees, cullen v cullen > > > etc. > > > > If the question today referred to the son taking his name of the > > > local authority housing list or any other form of detriment based on > > > his father's assurances then it is very similar to Q4 April 2008, > > > Assurance is akin to a promise. I didnt do the estoppel question > > > skipped it for certainties instead. I would need the question in > > > front of me, but again, the griffith sample answer to Q4 april 2008 > > > is promissory, if you can say with certainty that the question in the > > > exam was very similar then this may be the case. Remember you will > > > still get marks for identifying estoppel, and as property involved, > > > would fall under the Dillwyn v Lllewellyn form. N.B even the judiciary > > > conflate concepts of promissory and proprietary. Sorry If ive > > > confused you.. confused myself now! > > > > Post mortems...no good shall come of them!!! > > > > Aoife McBennett wrote: > > > > but in the april 2008 report she mentions unconscionability which is a > > > > major > > > > element of proprietary estoppel? > > > > > On Mon, Oct 5, 2009 at 4:39 PM, Ruddy <[email protected]> wrote: > > > > > > The last question was the one with reference to a widower and his > > > > > son. It believe it was an exact copy of Question 4, april 2008, which > > > > > was promissory estoppel. > > > > > > Im sorry but looks like it was promissory. Proprietary estoppel > > > > > questions are more along the lines of one party making improvements to > > > > > land etc....I do hope Im wrong for your sake but if you have the 2008 > > > > > paper take a look at it. Im afraid I only have hard copy. > > > > > > On Oct 5, 4:32 pm, Aoife McBennett <[email protected]> wrote: > > > > > > was that promissory or proprietary estoppel? please say proprietary? > > > > > > > On Mon, Oct 5, 2009 at 4:13 PM, Ruddy <[email protected]> wrote: > > > > > > > > Definately a nice paper, though all papers are nice if you know > > > > > > > the > > > > > > > stuff! > > > > > > > > Couldnt believe some of the questions, e.g, promissory estoppel > > > > > > > and > > > > > > > charitbale trusts/cypres were verbatim repeats of recent exams! > > > > > > > > Anyone got anything useful to add about contract this friday?? > > > > > > > > On Oct 5, 3:39 pm, lucylou <[email protected]> wrote: > > > > > > > > Well how did everyone find equity? A lovely paper if you only > > > > > > > > had > > > > > > > > equity to be thinking about I would think!- Hide quoted text - > > - Show quoted text - --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "FE-1 Study Group" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.ie/group/fe-1-study-group?hl=en-GB -~----------~----~----~----~------~----~------~--~---
