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 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 Looking to the Future written by Mahnoush H. Arsanjani and published by Martinus Nijhoff Publishers. This book was released on 2010-10-25 with total page 1119 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.
Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 University of Pennsylvania Law Review and American Law Register written by and published by . This book was released on 1918 with total page 1074 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Stempel and Knutsen on Insurance Coverage written by Jeffrey W. Stempel and published by Wolters Kluwer. This book was released on 2015-12-15 with total page 3864 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike most other books in the field, which slant toward either policyholder or insurer counsel, Stempel and Knutsen on Insurance Coverage takes an even-handed nonexcess and umbrella aking it useful to attorneys from all sides. Moreover, it's designed for practitioners from all professional backgrounds and insurance experience. Written in clear, jargon-free language, it covers everything from the basic insurance concepts, principles, and structure of insurance policies to today's most complex issues and disputes. The authors, Jeffrey W. Stempel and Erik S. Knutsen, are well-known authorities on the law of insurance coverage, and this new Fourth Edition of Stempel and Knutsen on Insurance Coverage is completely up-to-date on every aspect of its subject. This one-stop resource provides both a sound historical, theoretical and doctrinal grounding in insurance, as well being practice-oriented and packed with practical guidance. After providing information about insurance policies and issues in general, it focuses on specific types of policies and coverage such as property coverage, liability coverage, automobile coverage, excess and umbrella coverage, and reinsurance, plus such vital areas as employment, defective construction, and terrorism claims...Dandamp;O liability...ERISA...bad faith litigation...and much more. Plus, you'll find extensive examination of the commercial general liability (CGL) policy, the type of insurance involved in most major coverage cases. Among the most important CGL issues covered in Stempel and Knutsen on Insurance Coverage are: Pollution-related coverage Trigger of coverage Apportionment of insurer and policyholder responsibility Business risk exclusions Coverage under the andquot;personal injuryandquot; section of the CGL Coverage under andquot;advertising injuryandquot; Nowhere else will you find so much valuable current information, in-depth analysis, sharp insight, authoritative commentary, significant case law, and practical guidance on this critically important area. With its clear explanations and thorough, even-handed coverage, Stempel and Knutsen on Insurance Coverage is unlike any other resource in its field.
Download or read book Stempel on Insurance Contracts written by Jeffrey W. Stempel and published by Wolters Kluwer. This book was released on 2005-12-30 with total page 3276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treatise on the Law of Estoppel and Its Application in Practice written by Melville Madison Bigelow and published by . This book was released on 1890 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treatise on the Law of Estoppel Or of Incontestable Rights written by Melville Madison Bigelow and published by . This book was released on 1913 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Michigan Law Review written by and published by . This book was released on 1916 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Maryland Digest Annotated Covering All Reported and Many Unreported Decisions from 1 Harris and McHenry to 123 Maryland Under the American Digest Classification written by Samuel Want and published by . This book was released on 1917 with total page 902 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 2017-03-03 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 Judicial and Statutory Definitions of Words and Phrases written by and published by . This book was released on 1914 with total page 1380 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Handbook of the Law of Insurance written by William Reynolds Vance and published by . This book was released on 1904 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
