Download or read book Spencer Bower Reliance Based Estoppel written by Piers Feltham and published by Bloomsbury Publishing. This book was released on 2017-03-02 with total page 799 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spencer Bower: Reliance-Based Estoppel, previously titled Estoppel by Representation, is the highly regarded and long established textbook on the doctrines of reliance-based estoppel, by which a party is prevented from changing his position if he has induced another to rely on it such that the other will suffer by that change. Since the fourth edition in 2003 the House of Lords has decided two proprietary estoppel cases, Cobbe v Yeoman's Row Property Management Ltd and Thorner v Major, whose combined effect is identified as helping to define a criterion for a reliance-based estoppel founded on a representation, namely that the party estopped actually intends the estoppel raiser to act in reliance on the representation, or is reasonably understood to intend him so to act. Other developments in the doctrine of proprietary estoppel have required a complete revision of the related chapter, Chapter 12, in this edition. Thorner v Major confirms too the submission in the fourth edition that unequivocality is a requirement for any reliance-based estoppel founded on a representation. Other views expressed in the fourth edition are also noted to have been upheld, such as the recognition that an estoppel may be founded on a representation of law (Briggs v Gleeds), that a party may preclude itself from denying a proposition by contract as well as another's reliance (Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd and Springwell Navigation Corp v JP Morgan Chase Bank) and that an estoppel by deed binds by agreement or declaration under seal rather than by reason of reliance (Prime Sight Ltd v Lavarello). With the adjustment reflected in the change of title, and distinguishing the foundation of estoppels that bind by deed and by contract, the editors adopt Spencer Bower's unificatory project by the identification of the reliance-based estoppels as aspects of a single principle preventing a change of position that would be unfair by reason of responsibility for prejudicial reliance. From this follow the views: that reliance-based estoppels have common requirements of responsibility, causation and prejudice; that estoppel by representation of fact is, like the other reliance-based estoppels, a rule of law; that the result of estoppel by representation of fact may, accordingly, be mitigated on equitable grounds to avoid injustice; that the result of an estoppel by convention depends on whether its subject matter is factual, promissory or proprietary; that a reliance-based estoppel (other than a proprietary estoppel, which uniquely generates a cause of action) may be deployed to complete a cause of action where, absent the estoppel, a cause of action would not lie, unless it would unacceptably subvert a rule of law (in particular the doctrine of consideration); that an estoppel as to a right in or over property generates a discretionary remedy; and that the prohibition on the deployment of a promissory estoppel as a sword should be understood as an application of the defence of illegality, viz that an estoppel may not unacceptably subvert a statute or rule of law.
Download or read book The Law Relating to Estoppel by Representation The Orig Text by George Spencer Bower the 2 written by George Spencer Bower and published by . This book was released on 1966 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law Relating to Estoppel by Representation written by George Spencer Bower and published by Butterworth-Heinemann. This book was released on 2004 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of Spencer Bower: The Law Relating to Estoppel by Representation is a thorough updating of the classic original text with substantial additions on the extensive judicial and legislative developments which have taken place both in the UK and Commonwealth jurisdictions over the last twenty years.This learned work constitutes an essential part of the commercial practitioner's library.
Download or read book The Law Relating to Estoppel by Representation written by George Spencer Bower and published by . This book was released on 1966 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The law relating to estoppel by representation The original text by george spencer bower The third edition by alexander kingcome turner written by George Spencer Bower and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Challenging Private Law written by William Day and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lord Sumption has been one of the most influential judges of his generation. This book critically reflects on the important and controversial issues raised by his jurisprudence. Using Lord Sumption's judgments and extra-judicial lectures as a starting point, the book contains a selection of essays that consider 'where next' in relation to topics such as: - contract variation, damages and penalties; - economic loss and personal injury in tort law; - knowing receipt and proprietary restitution; - illegality in private law; - agency and attribution; - piercing the corporate veil; - foreign law in the English courts. The book covers a broad range of areas in private law including contract, tort, unjust enrichment, equity, company and commercial law, as well as private international law and civil procedure.
Download or read book Contractual Estoppel written by Alexander Trukhtanov and published by Taylor & Francis. This book was released on 2022-03-29 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this book continues to offer the first and only comprehensive account of contractual estoppel, now made fully up to date with reference to the most recent cases. Contractual estoppel, a new and exciting development in the common law, is ever more widely employed and keeps showing itself of considerable practical utility. The book examines numerous judicial decisions which apply or discuss contractual estoppel, and offers a full and systematic exploration of its origin, principled basis, practical applications and limits. The doctrine continues to develop and the second edition tracks, catalogues, discusses and explains its multifarious applications, limits and niceties. In this title, the author, Alexander Trukhtanov, maintains the principal doctrinal claim of the first edition that contractual estoppel is a not misnomer, anomaly or distortion of reliance-based categories of estoppel, but its own category of legal estoppel. The book is a single point of reference for a systematic and organised exposition of the subject and an explanation of how it fits into existing law. It is practice-oriented but engages with important conceptual points. Contractual Estoppel will be of interest to practitioners, whether draftsmen, litigators or advocates, as well as academics and post-graduate students of contract law.
Download or read book Good Faith and Insurance Contracts written by Peter MacDonald Eggers and published by Taylor & Francis. This book was released on 2017-12-06 with total page 1064 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good Faith and Insurance Contracts sets out an exhaustive analysis of the law concerning the duty of utmost good faith, as applied to insurance contracts. Now in its fourth edition, it has been updated to address the arrival of the Insurance Act 2015, as well as any references to new case law. In addition, it synthesises all known judicial decisions by the English Courts concerning good faith in this area. This book is still the only text devoted to a discussion of the duty of utmost good faith applicable to insurance contracts. As good faith is an issue which arises in respect of all insurance contracts, it is a book which will be extremely useful to lawyers involved in insurance as well as insurance practitioners.
Download or read book The Law Relating to Estoppel by Representation The Original Text by George Spencer Bower The Second Edition by Sir Alexander Kingcome Turner written by George Spencer BOWER and published by . This book was released on 1966 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sport Law and Practice written by Adam Lewis KC and published by Bloomsbury Publishing. This book was released on 2021-03-15 with total page 3248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sport: Law and Practice, Fourth Edition is the leading legal title covering sports law and practice in the UK, and at the Court of Arbitration for Sport. It serves both as a comprehensive statement of applicable law and precedent, and as a very practical guide to circumnavigating a complex sector. The new edition retains and updates all of the key chapters from previous editions, including the extended sections on challenges to the actions of sports governing bodies, and on anti-doping regulation and enforcement (with an introduction to the new 2021 World Anti-Doping Code). There are important updates to the chapters on Regulating Financial Fair Play, Misconduct, Safeguarding in Sport, the Court of Arbitration for Sport, and Media Rights and Sport. The Fourth Edition also adds brand new chapters dealing with: -Effective sports regulation (including the first ever comprehensive discussions of the 'general principles of law' applied by CAS panels in determining challenges to sports regulations, as well as of the principles of interpretation of sports regulations). -Best practice in sports governance (describing developments such as the strengthening of the competence and independence of boards and the emergence of independent integrity units). -Data protection law and sport (including discussion of the provisions of the Data Protection Act 2018 that facilitate the sharing of personal data by sports bodies for integrity-related purposes). -Exploiting commercially valuable sports data (explaining how sports rights-holders can fashion commercial agreements to meet the demand for sports data from the betting industry and others). -ESports (the first comprehensive treatment of the legal and practical principles underlying the regulation and commercial exploitation of the increasingly important ESports sector). Readers will also benefit from practice tips, precedent clauses, detailed explanations of key practical issues, and step-by-step analysis. This is an essential title for all sports law practitioners (solicitors and barristers, common law and civil lawyers), sports governing bodies, event organisers, clubs, participants, sports agencies and commercial partners, arbitrators, universities, and students.
Download or read book The Law of Estoppel written by Michael Barnes KC and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 981 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 detail each element 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 10 years alone 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 law as well as of fact. These and other subjects are explained in full.
Download or read book The law relating to estoppel by representation the original text by G S Bower written by George Spencer Bower and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Debattista on Bills of Lading in Commodities Trade written by Charles Debattista and published by Bloomsbury Publishing. This book was released on 2021-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debattista on Bills of Lading in Commodity Trade provides not so much a linear road-map as a GPS system, allowing the reader to locate which aspect of the bill of lading is central to the dispute they are dealing with and evaluating that aspect from the perspective of each of: (1) the contract of sale; (2) carriage contract and (3) letter of credit. The title examines questions such as: How can a buyer ensure in their sale contract that the bill of lading the buyer receives from the seller gives them secure title to sue the carrier? What impact does the choice of a particular Incoterms rule have on whom the carrier can sue under the contract of carriage? Where there is a claim by a buyer/cargo-claimant for loss, damage or delay to goods, must they factor any gains or benefits made under the sale contract claim/settlement into the quantum claimed in the cargo-claim against the carrier? What is a 'charterparty bill of lading' - and can it be tendered under a letter of credit? When and why might a seller need to “switch” bills of lading for its buyer or its bank - and does the seller have a right to demand the switching of bills under the Hague-Visby Rules? All of these questions – and many others like them – cut across areas of law normally siloed in academic and practitioner texts. The purpose of this title is to make links and draw out connections, with a view to assisting lawyers when a dispute arises – and others drafting different contracts seeking to avoid problems arising in the first place. The fourth edition of this work, now bearing a new title and benefitting from the arrival of a co-author, has been fully revised to take account of case-law and regulatory developments in the twelve years since the last edition.
Download or read book Contractual Estoppel written by Alexander Trukhtanov and published by Taylor & Francis. This book was released on 2017-07-20 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive account of contractual estoppel. Contractual estoppel is a new and exciting development in the common law, widely employed and of considerable practical utility. The concept has been noticed by academics, mostly to be criticised as anomaly, misnomer and an objectionable policy choice, and commentary on the concept has been limited to recitation and critique of a few principal cases. Yet this book examines numerous judicial decisions which apply or discuss contractual estoppel, and offers a full and systematic exploration of its origin, principled basis, practical applications and limits. In this new title, the author, Alexander Trukhtanov, responds to policy objections and seeks to answer the charge that contractual estoppel is a misnomer, anomaly or distortion of reliance-based categories of estoppel, by showing that contractual estoppel is its own category of legal estoppel. The book is a single point of reference for a systematic and organised exposition of the subject and an explanation of how it fits into existing law. It is practice-oriented but engages with important conceptual points. Contractual Estoppel will be of interest to practitioners, whether draftsmen, litigators or advocates, as well as academics and post-graduate students of contract law.
Download or read book Spencer Bower and Handley Res Judicata written by Patrick Keane and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Protecting Reliance written by Michael Spence and published by Hart Publishing. This book was released on 1999-06-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One party induces an assumption in the mind of another. Australian law has arguably given expression to three moral duties relating to induced assumptions: the duty to keep promises,the duty not to lie and the duty to ensure the reliability of induced assumptions. This book expounds the third of these duties and shows how it can be used to shape 'equitable' estoppel, a doctrine emerging from the decisions of the High Court of Australia in Waltons Stores and Verwayen. It does not purport to cover the entire law of estoppel, but does examine, analytically, how the doctrine might operate in a series of problematic cases at the edge of contract law.
Download or read book Fraud and Breach of Warranty written by Simon Salzedo KC and published by Bloomsbury Publishing. This book was released on 2020-09-24 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Claims of fraud and breach of warranty are common following the purchase of a business. They often mix tort and breach of contract and may involve specialist aspects such as notification provisions and escrow mechanisms. This new title provides a practitioner's guide to claims of fraud and breach of warranty from a leading commercial QC with great experience in this field. Key questions to be considered include: 1. When can a warranty also be a representation? Cases include Idemitsu Kosan v Sumitomo [2016] 2 CLC 297 2. When is a warranty claim properly notified and served? Cases to be considered include Nobahar-Cookson v Hut Group [2016] EWCA Civ 128 and Teoco v Aircom Jersey 4 Ltd [2018] EWCA Civ 23 3. When is has fair disclosure been given? Cases include New Hearts v Cosmopolitan Investments [1997] 2 BCLC 249, Infiniteland v Artisan Contracting [2006] 1 BCLC 632 4. What are the requirements for proving fraud in the context of sale of a business? Cases include Belfairs v Sutherland [2010] EWHC 2276 (Ch) 5. When is an accounting fraud attributed to the seller? Cases include Man v Freightliner [2005] EWHC 2347 (Comm) and Hut Group v Nobahar-Cookson [2014] EWHC 3842 (QB) 6. What are the remedies for fraud and breach of warranty and how are damages calculated? Cases include Lion Nathan v CC Bottlers [1996] 1 WLR 1438, Senate Electrical v Alcatel Submarine [1999] 2 Lloyd's Rep 423 7. When can the seller claim for loss of earnout under purchaser's warranties? Cases include Porton v 3M [2011] EWHC 2895 (Comm) and Kitcatt v MMS [2017] 2 BCLC 352
