Tuesday, January 26, 2021
Ying Khai Liew recently published an article entitled, The Remedial Approach to Proprietary Estoppel in Singapore, Wills, Trusts, & Estates Law ejournal (2020). Provided below is the abstract to the Article.
This paper argues that the choice of remedial starting point in relation to proprietary estoppel is not simply a choice for claimants as matter of litigation strategy, contrary to the Singaporean Court of Appeal's view in Low Heng Leon Andy v Low Kian Beng Lawrence  2 SLR 799. It is a matter for the law to decide upon, since it raises an inherently normative question. The aim of proprietary estoppel, which is to avoid detriment, is best reflected when expectation relief is adopted as the starting point, but only where it provides a weak starting position.