In Which Case Did We See the Flexible Approach to Proprietary

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The Answer is The flexible approach to proprietary estoppel emerged in the landmark case of "Thorner v Major" in 2009. This case is often cited as an example of the modern application of proprietary estoppel in English law.

In "Thorner v Major," the claimant, David Thorner, had worked for many years on his cousin's farm, Peter Thorner, on the understanding that he would inherit it. Despite there being no formal written evidence of this promise, David Thorner had been given various assurances by Peter Thorner that led him to believe he would eventually inherit the farm. Relying on these assurances, David worked for low wages and invested his own money into the farm.

After Peter Thorner's death, it was discovered that he had not left a will, and the farm was set to be divided according to the rules of intestacy, which did not favor David Thorner. David Thorner brought a claim based on proprietary estoppel.

The House of Lords, which was the UK's highest court at the time before being replaced by the Supreme Court, upheld David Thorner's claim. They found that he had reasonably relied on the assurances given to him and had acted to his detriment based on these assurances. The court took a flexible approach, emphasizing the importance of the context and the relationship between the parties, rather than rigidly focusing on formal requirements.

The "Thorner v Major" case is significant because it demonstrated the court's willingness to protect individuals who have acted to their detriment based on clear and reasonable assurances regarding property, even in the absence of formal documentation. It highlighted the court's consideration of fairness and justice in proprietary estoppel cases, and it has influenced subsequent cases in this area of law.

In Which Case Did We See the Flexible Approach to Proprietary

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