Thread by @RawdonCrozier

After @CivilLitTweet commented that his apple crumble recipe had generated more attention than his legal tweets, it occurred to me that what the twittersphere needs is law & recipes but in the same thread. So ... chocolate chip cake & estoppel 1/

@CivilLitTweet Make sure you have the necessary ingredients:
Egg
Self-raising Flour
Sugar
Butter or similar
Mixing bowl
Scales
Promise or expectation
Reliance
Detriment
A property element

Chocolate is not necessary but if you don’t use it, it will be a plain cake. A property element is not necessary but if not present the estoppel will be promissory rather than proprietary.

Weighing things is important. First:
Consider the nature of the promise (or expectation)
Weigh the egg(s).

Next:
Weigh out the same weight of butter.
Consider whether the reliance (reasonably) flowed from the promise or expectation.

Next:
Weigh the same weight of self-raising flour.
Consider the nature of the detriment.

Next weigh:
A similar quantity of sugar
Whether the detriment flowed from the original promise/expectation

Next:
Add the butter, flour & sugar to the mixing bowl with the egg and stir to a creamy consistency.
Consider the mix and whether you have the ingredients of an estoppel, if, for example, the circumstances were purely commercial you made have made a quasi-contractual remedy

Grease an appropriate baking dish (This analogy isn’t perfect there is no equivalent for estoppel) put it to one side.

Coarsely chop the chocolate into chips, add to the mix, fold in.
Consider whether there is a property element.

Pour the mix into the greased baking dish.
Put into the Aga (other ovens are available).
If I’m pushing it you can equate that to taking proceedings (and considering your choice of forum).

Put on a timer, watch it carefully and wait (the proceedings analogy is improving).

Test the cake with a skewer or knife. If it pulls out cleanly the cake is cooked. There may be the odd bit of melted chocolate, don’t worry about that, it’s cake mix you’re looking for.
No, the analogy has broken down again.

Put the baked cake on to a cake rack (upside down to avoid getting melted chocolate on a rack).
Unless this can be turned into an oblique reference to Newport CC v Charles (one of the worst decisions on estoppel there is, the analogy isn’t working again)

Let the cake cool, you can use the time to read my article in Landlord & Tenant review about why Charles is wrong. [2010] L&TR 14(2), 63-66.

Chocolate takes a long time to cool; read my article in the Conveyancer & Property Lawyer about why Lord Scott’s orbiter musings about s.2(5) are also misconceived Estoppel & Elephant Traps Conv, 2015, 3, 240-244.

When cool, turn the cake over. Dust with icing sugar. Put on a plate and serve.