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Author: K. R. Handley
Publisher:
ISBN: 9780414028449
Category : Estoppel
Languages : en
Pages : 356
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Book Description
Author: K. R. Handley
Publisher:
ISBN: 9780414028449
Category : Estoppel
Languages : en
Pages : 356
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Book Description
Author: THE HON PATRICK KEANE AC. KC
Publisher:
ISBN: 9780414114012
Category :
Languages : en
Pages : 0
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Book Description
Author: Michael Barnes KC
Publisher: Bloomsbury Publishing
ISBN: 1509909397
Category : Law
Languages : en
Pages : 981
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Book Description
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.
Author: John Skirving Ewart
Publisher: Wentworth Press
ISBN: 9780526028191
Category : Law
Languages : en
Pages : 326
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Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: JOHN S. EWART
Publisher: Forgotten Books
ISBN: 9780265809440
Category :
Languages : en
Pages : 0
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Book Description
Excerpt from Waiver Distributed: Among the Departments Election, Estoppel, Contract, Release Holding to the word, says Jhering, is one of the phe nomena by which an immature mental development is universally characterized. And so it is in law. The history of law might write over its first chapter the motto In the beginning was the word.' T 0 all uncultured peoples the word, both the written word and the word solemnly spoken, appears something mysterious. Naive belief ascribes to it supernatural force. To the old Romans the word is a force. It binds and looses, and it has the power, if not to move mountains, yet certainly to transport fruits to another's field, yes even to draw gods from heaven and to cause them to abandon a besieged city. The attempts to identify law with morals and reliance upon ethical principles rather than upon legal rules, which go by the name of equity or natural law, deliver legal systems for a time from this tyranny of the word and lead to critical diļ¬erentiation of substance and form, spirit and letter. But the reign of words does not come to an end. When men come to rely upon reason rather than upon arbitrary form to keep down the personal element in the administration of justice, reason has to work with words. Judges and jurists seek to measure conduct by maxims, to put each cause by a logical process into the pigeonhole of the appropriate legal category or to deduce the appropriate solution from a given conception. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: John S. Ewart
Publisher:
ISBN: 9780674336186
Category : Law
Languages : en
Pages : 0
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Book Description
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...
Author: Michael Barnes QC
Publisher: Bloomsbury Publishing
ISBN: 1509909389
Category : Law
Languages : en
Pages : 981
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Book Description
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.
Author: Fidelma Smyth
Publisher:
ISBN: 9780421904606
Category :
Languages : en
Pages : 616
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Book Description
* Paper service: 40 paper parts + two bound volumes * Full service: 12 CD's 40 paper parts * CD Service: 12 CD's, issued monthly Scots Law Times is the only law reporter containing coverage from every Scottish court, civil and criminal, from the Sheriff Court to the House of Lords, in a single service. Since 2000 the Scots Law Times reports are prepared entirely by a specialist legal team working on screen with the court opinions downloaded from the Scottish Courts web site. This combination of expertise and technological capacity means that fully edited, high quality reports of leading cases can be published very shortly after a decision is issued. In addition to over 1,400 pages of law reports each year, Scots Law Times includes a news section which also contains topical articles, reviews of all the latest publications, case commentaries and new rules of court and practice notes as they are made. The various Scots Law Times subscription packages are available below. Current and new subscribers seeking further information on the options available to them should contact their direct sales executive or call Greens direct on 0131 225 4879.Scots Law Times reports from 1930 onwards are also available on Westlaw UK Scots Law. Cases from 1893 are scheduled to be added in early 2003. For further information please go to www.westlaw.co.uk Paper service u540.00 Comprising weekly parts and bound volumes consolidating issues published in the year. A 50% discount on this service is available to trainees, students and lecturers. Additional paper subscription u210.00 Subscribers to the full service or the paper service can have an additional paper subscription, excluding bound volumes, delivered to the same address at the above rate. Full service u727.00 + VAT re CD* Comprising weekly parts and a monthly CD update. CD service u465.00 + VAT* Comprising monthly CD releases. *1. An additional charge will be made for each lawyer in the organisation in excesss of 20. 2. There is an additional (one-off) charge of u300.00 plus VAT in addition to the basic charge. This charge will not be applied to subscribers to SLT CD 1893-1998.
Author: Sean Wilken
Publisher: OUP Oxford
ISBN: 0191631035
Category : Law
Languages : en
Pages : 537
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Book Description
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.
Author: George Spencer Bower
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 492
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Book Description
(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.
