Estoppel by Conduct and Election, 3rd Edition

Author: Mr Justice Kenneth Handley
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414114005

Previous Edition ISBN: 9780414028449
Published In: July 2023
Format: Hardback , 356 pages
Jurisdiction: Commonwealth, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

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 this third edition:

There are 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.
There is a significant update in relation to estoppel by convention and its relationship to the other categories of estoppel.
There are 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.

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

Justice Handley

Called to the Bar of New South Wales 1959; appointed Queen’s Counsel 1973; admitted Lincoln’s Inn 1986; appointed to the Court of Appeal of New South Wales 1990; visiting Fellow Wolfson College Cambridge 1995, 1998; Inns of Court Visiting Fellow Inner Temple 2001; part time Judge Fiji Court of Appeal 1996; part time Judge Supreme Court of Fiji 2003.
Author of 3rd edition of Spencer-Bower on Res Judicata published by Butterworths 1996 and the 4th edition of Spencer-Bower on Actionable Misrepresentation published by Butterworths 2000.