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Estoppel by Conduct and Election 3rd ed (eBook)


ISBN13: 9780414114029
Published: June 2023
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: eBook (ProView)
Special Offer: £215.20
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Estoppel by Conduct and Election, originally written by the Honourable K.R. Handley, has been comprehensively reviewed and updated in this third edition by the Honourable Patrick Keane.

The book examines estoppel in the context of commercial transactions and property dealings. It examines election in relation to commercial dealings. It provides a comprehensive but accessible exposition of general principles including a discussion of the particular relationships in which these principles have been applied and developed by the courts.

With the concerns of practising lawyers who advise upon and litigate issues of estoppel in mind, the general principles are stated and illustrated in their application by reference to leading decisions of the higher courts of the Commonwealth of Nations. Where steps in the judicial development remain controversial in point of authority, the controversy is identified and explicated by an in-depth examination of the leading cases.

Key Features:

  • Covers the four categories of estoppel: estoppel by representation, estoppel by convention, proprietary estoppel, and promissory estoppel placing their development in their historical context.
  • Examines the various relationships in which estoppels may often arise in practice: eg principal and agent, landlord and tenant, bailor and bailee, licensee of intellectual property and bank and customer.
  • Examines the juridical differences between representation and promise, causation and the relevance of knowledge of rights as distinct from facts.
  • Examines the practical operation of estoppel in commercial transactions involving companies, insurance and insolvency.
  • Examines the intersection of estoppel and statute law.
  • Examines quasi-estoppel and equitable defences including the issue of consent to breach of trust.
  • Addresses practical matters of pleading and practice that arise in the course of litigating issues of estoppel, and explains how to deploy estoppel as a defence to a claim.

New to the third edition:

  • Significant updates on proprietary estoppel relating to property dealings affecting family members, particularly as to the requirement of reasonable reliance and the appropriate measure of pecuniary relief where preclusive effect cannot be given to the estoppel.
  • Significant update in relation to estoppel by convention and its relationship to the other categories of estoppel.
  • Significant updates in respect of the requirements for a binding election and the relationship and election.
  • In relation to the controversial aspects of the law left open by ultimate appellate courts, the current course of development is marked by references to recent decisions of intermediate appellate courts.

Subjects:
Contract Law, eBooks
Contents:
1. Introduction
2. Representations
3. Communication
4. Construction of representations
5. Causation: Inducement, Change of Position and Detriment
6. Parties to an Estoppel
7. Estoppel by Deed
8. Estoppel by Convention
9. Estoppels in Relationships
10. Estoppels in Transactions
11. Proprietary Estoppel
12. Quasi-Estoppel and Equitable Defences
13. Promissory Estoppel
14. Election
15. Estoppels and Election in Proceedings
16. Affirmative Answers
17. Practice and Procedure

Series: Contract Law Library

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Damages for Breach of Contract 2nd ed ISBN 9780414110878
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Frustration and Force Majeure 4th ed (eBook) ISBN 9780414098589
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Sweet & Maxwell Ltd
£332.00
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Frustration and Force Majeure 4th ed ISBN 9780414098558
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Duress, Undue Influence and Unconscionable Dealings 3rd ed with 1st Supplement ISBN 9780414084049
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Duress, Undue Influence and Unconscionable Dealings 3rd ed: 1st Supplement ISBN 9780414082090
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Illegality and Public Policy 5th ed ISBN 9780414078482
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Illegality and Public Policy 5th ed (eBook) ISBN 9780414081420
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Sweet & Maxwell Ltd
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Illegality and Public Policy 5th ed (Book & eBook Pack) ISBN 9780414081413
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Sweet & Maxwell Ltd
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Misrepresentation, Mistake and Non-Disclosure 5th ed ISBN 9780414071186
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Sweet & Maxwell Ltd
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Misrepresentation, Mistake and Non-Disclosure 5th ed (Book & eBook Pack) ISBN 9780414075948
Published November 2019
Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 5th ed (eBook) ISBN 9780414075955
Published November 2019
Sweet & Maxwell Ltd
Out of print
Duress, Undue Influence and Unconscionable Dealings 3rd ed ISBN 9780414065802
Published December 2018
Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 4th ed ISBN 9780414057036
Published December 2016
Sweet & Maxwell Ltd
Out of print
Damages for Breach of Contract ISBN 9780414055469
Published November 2016
Sweet & Maxwell Ltd
Out of print
Estoppel by Conduct and Election 2nd ed ISBN 9780414028449
Published February 2016
Sweet & Maxwell Ltd
Out of print
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(ProView)
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Duress, Undue Influence and Unconscionable Dealings 2nd ed ISBN 9781847038036
Published December 2012
Sweet & Maxwell Ltd
Out of print
The Interpretation of Contracts 4th ed with 1st Supplement ISBN 9780414041295
Published December 2009
Sweet & Maxwell Ltd
Out of print
The Interpretation of Contracts 4th ed ISBN 9781847033550
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Sweet & Maxwell Ltd
Out of print
Estoppel by Conduct and Election ISBN 9780421912106
Published August 2006
Sweet & Maxwell Ltd
Out of print
Publication Abandoned