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Vol 21 No 11 Nov/Dec 2016

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Estoppel by Conduct and Election 2nd ed


ISBN13: 9780414028449
Previous Edition ISBN: 9780421912106
Published: February 2016
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £195.00



In stock.

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

Subjects:
Contract Law
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

Series: Contract Law Library

Illegality and Public Policy 4th ed ISBN 9780414059443
To be published October 2018
Sweet & Maxwell Ltd
£215.00
Misrepresentation, Mistake and Non-Disclosure 4th ed ISBN 9780414057036
Published December 2016
Sweet & Maxwell Ltd
£259.00
Damages for Breach of Contract ISBN 9780414055469
Published November 2016
Sweet & Maxwell Ltd
£215.00
Illegality and Public Policy 3rd ed ISBN 9780414028395
Published November 2013
Sweet & Maxwell Ltd
£225.00
Duress, Undue Influence and Unconscionable Dealings 2nd ed ISBN 9781847038036
Published December 2012
Sweet & Maxwell Ltd
£210.00
The Interpretation of Contracts 4th ed with 1st Supplement ISBN 9780414041295
Published December 2009
Sweet & Maxwell Ltd
Out of print
Illegality and Public Policy 2nd ed ISBN 9781847032966
Published June 2009
Sweet & Maxwell Ltd
Out of print
Estoppel by Conduct and Election ISBN 9780421912106
Published August 2006
Sweet & Maxwell Ltd
Out of print