ABSTRACT
This article examines the position of a stranger in two principal scenarios, and the implications for strangers of the possible outcomes to these scenarios. First, if A makes a promise to B that C will receive A’s property if B advances monies to A, can the promise be enforced to benefit C who is a stranger to the promise? Secondly, if A makes a promise to B that B will receive A’s 50% share in a property if B advances monies to A, but A then enters into a declaration of trust with D (with whom A then purchases the property), is B bound by that declaration (to which B is a stranger)? Is B then excluded from a constructive or resulting trust claim, and left solely with a proprietary estoppel claim?
€ (Oxford UP)
Elaine Palser, Proprietary estoppel and the position of the stranger, Trusts and Trustees, volume 29, issue 3, April 2023, pages 208-218. Published: 16 January 2023.
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