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The Law of Estoppel

The Law of Estoppel

Author: Michael Barnes
Publisher: Hart Publishing
ISBN: 9781509909384
Published In: February 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This work contains within a single book an account of all the forms of estoppel in operation today, including estoppel by record (res iudicata), as well as of the associated doctrine of election.

There can be few practitioners who do not at some time have to engage with estoppel. Estoppel applies across all, or nearly all, English civil law. In explaining each form of estoppel an attempt is made to state the main elements which have to be proved to establish the estoppel and then to explain each element in detail with its various components. At the end of each chapter a brief summary of the estoppel is included so as to guide practitioners and others to any question important in any particular case.

The law of estoppel has considerably advanced over recent decades and over the last ten years there have been major changes such as the clarification of the previously uncertain boundaries of proprietary estoppel, a statement of the exceptions to the principles of res iudicata, and the extension of estoppel by representation to cover statements of law as well as of fact. These and other subjects are explained in detail. A Glossary of important terms is included.

1. Introduction
(A) The Legal and Moral Basis of Estoppel
(B) The Forms of Estoppel and the Doctrine of Election
(C) The Nature and Characteristics of Estoppel
(D) General Factors Common to Estoppels
(E) General Questions of Principle Regarding Estoppel
(F) Terminology
(G) The Historical Basis of Estoppel
(H) The Structure of the Book
2. General Questions Relating to Estoppel
(A) Introduction
(B) Sword or Shield
(C) Evidence or Substantive Law
(D) Public Law
(E) Estoppel and Jurisdiction
(F) Estoppel: Conflict with Statutory Provisions and Other Rules of Law
(G) A Uniform Doctrine
(H) Waiver
(I) Estoppel and Third Parties
3. Estoppel by Representation
(A) Introduction
(B) The Essential Elements of the Estoppel
(C) The Representation
(D) The Intention of the Representor
(E) Injustice or Unconscionability: Its Components of Reliance and Detriment
(F) The Effect of the Estoppel
(G) Contractual Estoppel
4. Estoppel by Deed
(A) Introduction
(B) Deeds
(C) The First Aspect of Estoppel by Deed: Its Essential Requirements
(D) The Second Aspect of Estoppel by Deed: Interests in Land Created
(E) Summary
5. Estoppel by Convention
(A) The Nature and Basis of the Estoppel
(B) The Development of the Estoppel
(C) The Main Elements of the Estoppel
(D) The First Element: Assumed State of Fact or Law
(E) The Second Element: A Shared Assumption
(F) The Third Element: Injustice or Unconscionability
(G) The Effect of the Estoppel
(H) Summary
6. Promissory Estoppel
(A) The Principle and its Development
(B) The Essential Elements of the Estoppel
(C) The Place of Promissory Estoppel in the Law
(D) Permanent or Suspensory Effect
(E) A Clear Promise
(F) Rights under an Existing Transaction
(G) Injustice or Unconscionability
(H) Summary
7. Proprietary Estoppel
(A) Introduction
(B) The Nature and Status of the Principle
(C) The Essential Elements of the Estoppel
(D) The First Element: The Assurance
(E) The Second Element: Reliance
(F) The Third Element: Detriment
(G) The Fourth Element: Unconscionability
(H) Property Other Than Land
(I) Form of Relief or Remedy
(J) Summary
8. Election
(A) Introduction
(B) Equitable Election
(C) Common Law Election
(D) Summary
9. Estoppel by Record
(A) Introduction
(B) Judgments
(C) Cause of Action Estoppel
(D) Issue Estoppel
(E) Parties and Privies
(F) Particular Areas of Law
(G) Courts and Tribunals
(H) Foreign Judgments
(I) Exceptions
(J) The Rule in Henderson v Henderson
(K) Summary