Proprietary Estoppel

Question 1

What do constructive trusts do?

Answer 1

they allow a limited exception, expressly contemplated by parliament

Question 2

Can you use estoppel to get around the requirements of s2?

Answer 2

No.
You cannot simply say something is unfair, you have to show that you had some definite proprietary expectation in order for estoppel to help you.

Question 3

Is there a clear way to decipher between estoppel and constructive trusts?

Answer 3

No as they can both arise in similar circumstances

Question 4

What is a constructive trust

Answer 4

another type of equitable interest that can arise through the operation of law and it can arise in similar circumstances to an estoppel claim