PROPORTIONALITY
Understanding Proportionality in Law
Test your knowledge on the principles of proportionality in law with this engaging quiz! Dive into crucial concepts and scrutinize various legal perspectives that impact decision-making in equity and estoppel.
Key topics covered include:
- Origins of Proportionality
- Differences between Bargain and Non-Bargain Cases
- Critiques of Proportionality
- Key Theorists and Their Views
Where proportionality came from:
Jennings : proportionate to detriment
Difference between bargain and non bargain cases:
Bargain cases are where the thing that they were promised to get is agreed
Non bargain cases are where its not agreed and the working out is required
Read both now move on
Gardner shitting on proportionality
Says equity should aim for unconscionability not proportionality because that is equity
- basically argues there should be no role for proportionality
Mee shits on how proportionality is used
Basos like wtf is going on with suggit, why are they comparing the expectation and the detriment, should just detriment under Jennings
Interesting thing that suggit says?
SAYS THAT A FARM WASN’T OUT OF PROPORTION RATHER THAN PROPORTIONATE, V DIFF THINGS, APPLIED WRONG IMO
What does Bradbury suggest
Suggests if there is a detriment then they should follow the expectation
Mee on Bradbury and promises
Says people will stop making promises if there is an implicit threat of legal proceedings. Mee dislikes expectation related remedies, prefers detriment based
McFarlane and Bright model:
Want it based on DETRIMENTAL RELIANCE AS STARTING RATHER THAN EXPECTATION
THEY JUST WANT A MORE STRUCTURED ANALYTICAL APPROACH
ONLY RELY ON EXPECTATION IF IT’S A BARGAIN CASE
LESS LENENIENT WITH PROPERTY RIGHTS UNLESS REASONABLE RELIANCE ON THE PROP RIGHT
What do Mee, McFarlane and Bright all agree on?
Questioning whether the law is proprietary estoppel is being taken too far
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