Amalgamated Investment Property Co. Ltd. v Texas Commerce International Bank [1982] QB 84

Land Law feature, Proprietary Estoppel, Amalgamated Investment Property Co. Ltd. v Texas Commerce International Bank [1982] QB 84

Amalgamated Investment Property Co. Ltd. v Texas Commerce International Bank [1982] QB 84 is a Land Law case concerning Proprietary Estoppel. 

Facts:

In Amalgamated Investment Property Co. Ltd. v Texas Commerce International Bank [1982] QB 84, the case sought to define reliance as ‘influence’. Thus, the courts will see if a person’s actions have been influenced by the promise.

Goff J considered:

Therefore, the question is whether his conduct was so influenced by the encouragement or representation, that it would be unconscionable for the representer thereafter to enforce his strict legal rights.

Lord Denning MR said:

‘The doctrine of estoppel is one of the most flexible and useful in the armoury of the law. However, it has become overloaded with cases. Thus, that is why I have not gone through them all in this judgment. It has evolved during the last 150 years in a sequence of separate developments: proprietary estoppel, estoppel by representation of fact, estoppel by acquiescence, and promissory estoppel.’

‘At the same time it has been sought to be limited by a series of maxims: estoppel is only a rule of evidence, estoppel cannot give rise to a cause of action, estoppel cannot do away with the need for consideration, and so forth.’ 

Keywords:

Land law, Proprietary Estoppel, Reliance, Influence, Remedies, Representation

References:

[1982] QB 84, [1981] 1 All ER 923, [1981] 2 WLR 554, [1982] 1 Lloyds Rep 27

Read our notes and our cases on Proprietary Estoppel for more information.