Estoppel By Conduct And Election (South Asian Edition)

One of the strongest justifications for this publication remains the fact that the examined doctrine is one of the most complex areas of modern law and requires clarification, for barristers who specialise in it and solicitors or other practitioners who from time to time need guidance in this area.

Estoppel precludes a person from denying the truth of a statement. There are different kinds of estoppel: by record, by deed, by representation, promissory etc.

Estoppel by Conduct and Election examines Estoppel in its commercial context looking at the general principles as well as the particular relationships which in which estoppels can arise. It benefits greatly from an in-depth examination of underlying case law actively demonstrating how principles are dealt with in the court.

COVERAGE

• Covers a complex area in depth, explaining the general principles and application to practice areas
• Written by a respected judge, an expert in this field and a proven author
• Covers different types of estoppel – promissory estoppel, estoppel by representation, and proprietary estoppel and by convention
• It examines the different relationships in which estoppel can arise, e.g. principal and agent, landlord and tenant, bailor and bailee, licensees of IP and bank and customer
• Inspects estoppel in different transactions from companies, insurance and insolvency
• Illustrates how estoppel works by in-depth analysis of case law
• Examines estoppel under both common law and statute
• Deals with procedural matters and shows how estoppel can be used as a defence

New to Edition

• There are significant updates on the subject of Proprietary Estoppel. Including Estoppel by encouragement, Estoppel by Standing by, estoppels as an equitable cause of action, estoppels by representation etc
• Quasi Estoppel and Equitable defences will also be freshly examined including consent to breach of trust
• There will be a major update on Promissory Estoppel, including a fresh approach on The Nature of promise, knowledge of rights, intention to affect legal relations and causation

Introduction

Part 1 Estoppel generally

Representations and their construction

How a representation is made

Causation – materiality, inducement, reliance, change of position, damage

Inconsistency between representation and later assertion

Parties to an estoppel

Estoppel by convention

Estoppels in various relationships:

- Agency

- Landlord and tenant

- Bailor and bailee

- Licensor and licensee

- Bank and customer

- Miscellaneous

Estoppels in various transactions:

- Companies

- Capacity

- Insurance

- Insolvency

Estoppels by conduct in court proceedings

Statutory provisions dealing with estoppels

Affirmative answers

Part 2 Estoppel in equity 

Estoppel in acquiescence or encouragement

Promissory estoppel

Part 3 Election

Election

Part 4 Procedure 

Pleading and practice