Estoppel by Conduct and Election | 2nd Edition

Description

One of the greatest grounds for this book is that the examined doctrine is one of the most difficult areas of contemporary law, and it needs clarification for barristers who specialise in it, as well as solicitors and other practitioners who need advice from time to time.

Estoppel prevents a person from disputing that a statement is true. Estoppel may take several forms, including record, deed, representation, and promissory estoppel.

Estoppel by behaviour and election investigates Estoppel in its business context, examining both fundamental concepts and specific circumstances in which estoppels might develop. It substantially benefits from an in-depth discussion of the underlying case law, which actively demonstrates how concepts are dealt with in court.

COVERAGE of Estoppel by Conduct and Election

• Covers a wide range of topics in detail, illustrating broad concepts and their application to real-world situations.
• Written by a well-known judge, a subject matter expert, and a published author
• Different varieties of estoppel are discussed, including promissory estoppel, estoppel by representation, proprietary estoppel, and estoppel by convention.
• It looks at the numerous types of interactions that might lead to estoppel, such as principal and agent, landlord and tenant, bailor and bailee, IP licensees, and bank and client.
• Examines estoppel in a variety of business, insurance, and insolvency situations.
• An in-depth review of case law demonstrates how estoppel works.
• Examines both common law and statutory estoppel.
• Deals with procedural issues and demonstrates how estoppel may be utilised to defend oneself.

New to Edition of Estoppel by Conduct and Election

• There have been important developments in the area of Proprietary Estoppel. Estoppels by encouragement, estoppels by standing by, estoppels as a just cause of action, estoppels by representation, and so on.
• Quasi-Estoppel and Equitable defences, as well as agreement to a breach of trust, will be revisited.
• A fundamental update on Promissory Estoppel will be provided, including a new perspective on The Nature of Promise, awareness of rights, purpose to influence legal relations, and causality.

TABLE OF CONTENTS

Introduction

Part 1 Estoppel generally
Representations and their construction
How a representation is made
Causation – materiality, inducement, reliance, change of position, damage
Inconsistency between representation and later assertion
Parties to an estoppel
Estoppel by convention

Estoppels in various relationships:
– Agency
– Landlord and tenant
– Bailor and bailee
– Licensor and licensee
– Bank and customer
– Miscellaneous

Estoppels in various transactions:
– Companies
– Capacity
– Insurance
– Insolvency

Estoppels by conduct in court proceedings
Statutory provisions dealing with estoppels
Affirmative answers
Part 2 Estoppel in equity
Estoppel in acquiescence or encouragement
Promissory estoppel
Part 3 Election
Election
Part 4 Procedure
Pleading and practice