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Estoppel by Conduct and Election 2nd ed

Estoppel by Conduct and Election 2nd ed

  • 作者:
  • 出版商: Sweet & Maxwell U.K.
  • ISBN: 9780414028449
  • 出版时间 February 2016
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
New Edition is available now !
  • 描述 
  • 大纲 
  • 详细

    One of the strongest justifications for this publication remains the fact that the examined doctrine is one of the most complex areas of modern law and requires clarification, for barristers who specialise in it and solicitors or other practitioners who from time to time need guidance in this area.

    Estoppel precludes a person from denying the truth of a statement. There are different kinds of estoppel: by record, by deed, by representation, promissory etc.

    Estoppel by Conduct and Election examines Estoppel in its commercial context looking at the general principles as well as the particular relationships which in which estoppels can arise. It benefits greatly from an in-depth examination of underlying case law actively demonstrating how principles are dealt with in the court.

    COVERAGE

    • Covers a complex area in depth, explaining the general principles and application to practice areas
    • Written by a respected judge, an expert in this field and a proven author
    • Covers different types of estoppel – promissory estoppel, estoppel by representation, and proprietary estoppel and by convention
    • It examines the different relationships in which estoppel can arise, e.g. principal and agent, landlord and tenant, bailor and bailee, licensees of IP and bank and customer
    • Inspects estoppel in different transactions from companies, insurance and insolvency
    • Illustrates how estoppel works by in-depth analysis of case law
    • Examines estoppel under both common law and statute
    • Deals with procedural matters and shows how estoppel can be used as a defence
    New to Edition
    • There are significant updates on the subject of Proprietary Estoppel. Including Estoppel by encouragement, Estoppel by Standing by, estoppels as an equitable cause of action, estoppels by representation etc
    • Quasi Estoppel and Equitable defences will also be freshly examined including consent to breach of trust
    • There will be a major update on Promissory Estoppel, including a fresh approach on The Nature of promise, knowledge of rights, intention to affect legal relations and causation

  • 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

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