UNCONSCIONABLE CONDUCT
04/04/2009
A fundamental tenet of equity is the prevention of unconscionable conduct by providing a remedy. It pervades the equitable doctrine of proprietary estoppel. In Gillett v Holt [2000] 2 WTLR 195, [2000] EWCA Civ 66 the Court of Appeal held that the elements of proprietary estoppel were intertwined and that the matter should be looked at as a whole when deciding whether the conduct was unconscionable.
Unconscionable conduct is necessary both for proprietary estoppel and constructive trusts although the outcome of any successful claim may differ since proprietary estoppel has become subject to the assessment of relief which is proportionate to the detriment suffered.
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