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Lloyd's Maritime and Commercial Law Quarterly

UNJUST ENRICHMENT AND PROPRIETARY ESTOPPEL: TWO SIDES OF THE SAME COIN?

Blue Haven Enterprises v. Tully

The relationship between estoppel by acquiescence in equity and the law of unjust enrichment is controversial. According to Goff & Jones1 and Birks,2 estoppel by acquiescence is one of the pillars supporting the principle of free acceptance. Even Burrows,3 who strongly condemns the role of free acceptance in the law of unjust enrichment, concedes that half of the doctrine is concerned with unjust enrichment. Garner, however, takes the view that the estoppel cases have nothing to do with unjust enrichment.4 The courts have been more reticent so far as the relationship between the two is concerned. In Sledmore v. Dalby ,5 Hobhouse LJ suggested that unjust enrichment is often present in cases of proprietary estoppel, though his Lordship did not elaborate on its role, as he acknowledged the roles of the traditional elements of representation, reliance and detriment. Blue Haven Enterprises Ltd v. Tully 6 takes the debate further, by insisting that the elements of the doctrine of proprietary estoppel be satisfied before a claim for restitution of unjust enrichment can succeed, though the circumstances under which the decision was reached lessen its authoritative value.

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