Taylor Fashions Ltd v Liverpool Victoria Trustees Ltd [1982]

Key Points of the Case:

• Requirements for a Successful PE Claim:

1. Promise or Assurance: There must be a promise or assurance made by the defendant (D) to the claimant (C). This promise can be either express or implied and must relate to some right or interest in the defendant's land.

2. Reliance: The claimant (C) must have relied on the promise or assurance made by the defendant. This reliance should be reasonable and significant.

3. Detriment: The claimant must have suffered a detriment as a result of their reliance on the promise. This detriment could be financial or involve some other form of disadvantage.

4. Unconscionability: The circumstances must be such that it would be unconscionable for the defendant to deny the promise or assurance given, considering the reliance and detriment suffered by the claimant.

• Resulting Equity: If these elements are established, the claimant acquires what is known as an "equity by estoppel," a "mere equity," or an "inchoate equity."

• Remedy: Once an equity by estoppel is established, the court will determine the appropriate remedy to satisfy the equity. This typically involves awarding relief to ensure that the claimant is not unfairly disadvantaged by the defendant’s denial of the promise or assurance.