Download or read book The Law of Proprietary Estoppel written by Ben McFarlane and published by OUP Oxford. This book was released on 2014-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This invaluable guide is the first comprehensive and practically structured resource on the doctrine of proprietary estoppel. It is presented in a user-friendly format to provide assistance in navigating complex case law on the doctrine.
Download or read book The Doctrine of Proprietary Estoppel written by Mark Pawlowski and published by . This book was released on 1996 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive survey of the law of proprietary estoppel, a complex topic based on the rules of equity and common law. This text sets out the general principles surrounding difficult cases, examining each element of the estoppel in detail, with a full discussion of the relevant case law.
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 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 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 Proprietary Estoppel written by Martin Dixon and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the law of proprietary estoppel, including many new cases, Examines the factual context of recent cases and asks how and why so many modern estoppel cases concern agricultural premises.
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 The Doctrine of Proprietary Estoppel written by Margaret M. Ring and published by . This book was released on 1994 with total page 128 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 Estoppel by Conduct and Election written by K. R. Handley and published by . This book was released on 2013 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 written by George Spencer Bower and published by Butterworth-Heinemann. This book was released on 1977 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: (PUBLICATION FIRST MARKED AS OUT OF PRINT)Mr. Spencer-Bowyer published his work on Estoppel by Representation in 1923. He died in 1928 without having revised it and it was not until 1966 that a second edition was published. This third edition by Alexander Turner reproduces all that was still valuable in Spencer-Bowyer's classic, while at the same time incorporating such addition and modifications as necessary. It includes references to and discussions of all the important decisions since the publication of the second edition in 1966.
Download or read book Proprietary Remedies in Context written by Craig Rotherham and published by Bloomsbury Publishing. This book was released on 2002-04-23 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a tension in English law between the idea that the courts might provide a remedy by creating new property rights and the understanding that the judiciary's role is limited to the protection of existing proprietary interests with the power to redistribute property residing in the legislature alone. While there are numerous instances in which the courts intervene to readjust property rights,these are disguised in metaphor and fiction. However, this has meant that the law in this area has developed without open consideration of justifications for redistributing property. The result of this is that there is little coherence in the law of proprietary remedies as a whole and a good deal of it is indefensible. The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, vitiated transactions, the profits of wrongdoing and the breakdown of intimate relationships. It contrasts the English treatment of this area of law with developments in other common law jurisdictions where a more dynamic understanding of property has permitted more open acknowledgement of the judicial role in redistributing proprietary rights.
Download or read book Unlocking Land Law written by Judith Bray and published by Routledge. This book was released on 2022-01-17 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlocking Land Law will help you grasp the main concepts of this core subject with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising land law. The information is clearly presented in a logical structure and the following features support learning, helping you to advance with confidence: clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject; key facts summaries throughout each chapter allow you to progressively build and consolidate your understanding; end-of-chapter summaries provide a useful check-list for each topic; cases and judgments are highlighted to help you find them and add them to your notes quickly; frequent activities and self-test questions are included so you can put your knowledge into practice; sample essay questions with annotated answers prepare you for assessment. This 7th edition has been extensively rewritten and updated to include discussion of recent changes and key developments in land law. These include the different ways in which the Covid-19 pandemic has affected property transactions, and the changes in the rules with regard to electronic signatures and the witnessing of wills, as well as coverage of key recent cases and judgments, and their effect on the law.
Download or read book Ong on Estoppel written by Denis Ong and published by . This book was released on 2020-11-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proprietary Estoppel and Inheritance written by John Mee and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, as illustrated by Thorner v Major (2009) UKHL 18, the law of proprietary estoppel has become more favourable to claimants in the inheritance context. Focusing on two recent English Court of Appeal decisions, Suggitt v Suggitt (2012) EWCA Civ 1140 and Bradbury v Taylor (2012) EWCA Civ 1208, this article questions whether the courts are being too generous - both in terms of the type of representation that can form the basis of a claim and in terms of the extent of the remedy afforded to a successful claimant. The article also reflects on the role of the appellate courts in cases of this nature.
Download or read book Land Law written by Ben|Hopkins McFarlane (Nicholas|Nield, Sarah) and published by Oxford University Press. This book was released on 2024 with total page 1163 pages. Available in PDF, EPUB and Kindle. Book excerpt:
