Download or read book The Law of Waiver Variation and Estoppel written by Sean Wilken and published by Oxford University Press. This book was released on 2012-02-02 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing practical guidance on these complex doctrines this book analyses their constituent elements and considers the juridical foundation and relationship with other areas of law and other application in various aspects of commercial law.
Download or read book The Law of Estoppel Variation and Waiver written by Sean Wilkin and published by . This book was released on 1998-04-27 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Estoppel, variation and waiver are three overlapping doctrines in commercial law which are invoked to alter or end existing contractual arrangements. Because there has been no systematic classification and analysis of the doctrines and there is no obvious dividing line between them, this a difficult area for practitioners. This book examines all three doctrines and helps attorneys decide when and how to use them effectively.
Download or read book Wilken and Villiers the Law of Waiver Variation and Estoppel written by Sean Wilken and published by Oxford University Press, USA. This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial law and practice are riddled with examples of the parties formally and informally altering the bargains into which they have entered. The means by which alteration occurs are contained within the doctrines of waiver, variation, and estoppel. This book provides definitions of these notoriously difficult doctrines, together with a detailed analysis of how they apply throughout the commercial law in doctrine and practice. In the second edition the author has revised and rewritten much of the text to take into account recent cases, and new material has been added on issue estoppel, commercial property, and the possibility of an over-arching unifying theory governing the doctrines.
Download or read book The Law of Waiver Variation and Estoppel written by Sean Wilken and published by OUP Oxford. This book was released on 2012-02-02 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrines of waiver, variation and estoppel are relied upon to justify or criticize a party's changed position as to its contractual obligations. This book provides a complete practitioner guide to these complex but important doctrines, analysing their basic foundations and their relationship with other areas of law including contract, restitution, and equity. As well as clarifying and explaining these doctrines in relation to other areas it also considers their application in various aspects of commercial law. This new edition provides a thorough analysis of the increasing trend in commercial parties to insert "no waiver" clauses into contracts and considers the behaviour adopted by the courts in relation to these and other matters. It also includes coverage of important cases such as the House of Lords decision in Yeoman v Cobbe, Dallah Real Estate v Pakistan Ministry of Religious Affairs and those such as the Scottish decision in City Inns which demonstrate an on-going confusion and uncertainty in the analysis and application of these doctrines.
Download or read book Waiver Distributed Among the Departments Election Estoppel Contract Release written by John S. Ewart and published by . This book was released on 2014-04-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 Excerpt: ... word were substituted for the vagueness associated with "waiver," the English Privy Council could hardly have made such misapplication of Lord Justice Bowen's dictum as to have decided the case of The City of Toronto v. Russell1 as it did. Vendor And Purchaser Of Real Estate. Is not an instance of " waiver " to be found in a case in which a vendor of real estate delivers his abstract after the period prescribed by the contract, and the purchaser receives it and returns requisitions? Has not the purchaser "waived" the time limit?2 No: the case is one of election. When the time elapsed, the purchaser had the right to elect (as in so many other cases) whether he would, or would not, proceed with the purchase--the vendor was offering to proceed and the purchaser could agree or decline. If he elected to stop, we would not say that he had " waived " his right to proceed; and when he elects to proceed, why should we say that he "waived" his right to stop? He "waived "--he threw away or relinquished--as truly in one case as in the other. He had a right of election between two positions, and he chose one. He did not "waive" or relinquish the other. He never had it. He had a choice, and he did not " waive" that. He exercised it. The case is precisely similar, in principle, to that which arises in the case of a contract which permits a vendor to rescind it rather than answer questions of a certain character. When the questions are put, he may elect what he will do. And it is said that if the vendors once elect to answer the objections, they are forever thereafter precluded from exercising the option given to them... to rescind the contract. 1 1908, A. C. 493; 78 L. J., P. C. 1; 99 L. T. 7...
Download or read book Waiver Distributed Among the Departments Election Estoppel Contract Release written by John Skirving Ewart and published by Cambridge, [Mass.] : Harvard University Press. This book was released on 1917 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Waiver and Estoppel written by Waldemar J. Nichols and published by . This book was released on 1917 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Waiver Distributed Among the Departments written by John Skirving Ewart and published by . This book was released on 1917 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acid-free reprint of 1917 classic. A critical/philosophical examination, attempting to improve the existing state of the definition of "waiver" as it is distributed among the title law departments, with case references included to clarify the author's statements.
Download or read book The Law of Estoppel written by Michael Barnes QC and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 984 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 of Estoppel written by Michael Barnes QC and published by Bloomsbury Publishing. This book was released on 2020-04-02 with total page 981 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Modern Law of Estoppel written by Elizabeth Cooke and published by . This book was released on 2000 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of estoppel might be called the law of consistency which obliges people to stand by things they have said. This book examines how the law has tried to deal with this issue.
Download or read book Contract Law written by Neil Andrews and published by Cambridge University Press. This book was released on 2015-05-14 with total page 707 pages. Available in PDF, EPUB and Kindle. Book excerpt: Significantly streamlined and updated, the second edition of Andrews' Contract Law now provides a clear and succinct examination of all of the topics in the contract law curriculum. Chapters direct students to the most important decisions in case law and employ a two-level structure to integrate short judicial excerpts into detailed discussion and analysis. Exploration of the law's 'loose ends' strengthens students' ability to effectively analyse case law, and new end-of-chapter questions, which focus on both core aspects of the law and interesting legal loopholes, assist students in preparing for exams. Students are guided through chapter material by concise chapter overviews and a two-colour text design that highlights important chapter elements. Suggestions for further reading and a rich bibliography, which point readers to important pieces of contemporary literature and provide a springboard for deeper investigation of particular topics, lend further support for student learning.
Download or read book Arbitration and Contract Law written by Neil Andrews and published by Springer. This book was released on 2016-04-18 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a ‘contractual’ matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.
Download or read book ESTOPPEL BY CONDUCT AND ELECTION written by THE HON PATRICK KEANE AC. KC and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles of Banking Law written by Ross Cranston and published by Oxford University Press. This book was released on 2018-02-08 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of the Principles of Banking Law provides an authoritative treatment of both domestic and international banking law. This edition contains expanded coverage of developments in other comparable jurisdictions, internet banking services and money laundering.
Download or read book Keating on Construction Contracts written by Stephen Furst and published by Sweet & Maxwell. This book was released on 2012 with total page 1553 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a chapter on public procurement by Sarah Hannaford ; A commentary on JCT forms of contract by Adirian Williamson, and a commentary of the infrastructure conditions of contract by John Uff
Download or read book The Law of Estoppel written by Henry M. (Henry Morrison) Herman and published by Hardpress Publishing. This book was released on 2012-01 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.
