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2015年5月29日 星期五

Taylor Fashions Ltd v Liverpool Victoria Trustees Co Ltd ([1982] QB 133)

Land Law/ Property Law (Propriety Estoppel)
Case related to option to renew.

Fact
The case of Taylor Fashions Ltd concerned two leases. Each lease contained an option to renew, but the option to renew the leases had not been registered as estate under the Land Charges Act 1925. Two tenants carried out substantial improvements at their property. However, the landlord had not been bound to renew. The tenant was seeking to establish estoppels.

Held
There was failure to satisfy the strict requirements under Willmott v Barber. The court encouraged new modern approach:

4 elements:  “When an assurance has been relied on, to the detriment of the claimant, in circumstances where it would be unconscionable to deny the claimant a remedy.”

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