Estoppel by Conduct and Election, 3rd Edition

Author: The Hon Patrick Keane AC KC

Product details

Description

Estoppel by Conduct and Election, originally written by the Honourable K.R. Handley, has been comprehensively reviewed and updated in this third edition by the Honourable Patrick Keane.

The book examines estoppel in the context of commercial transactions and property dealings. It examines election in relation to commercial dealings. It provides a comprehensive but accessible exposition of general principles including a discussion of the particular relationships in which these principles have been applied and developed by the courts.

With the concerns of practising lawyers who advise upon and litigate issues of estoppel in mind, the general principles are stated and illustrated in their application by reference to leading decisions of the higher courts of the Commonwealth of Nations. Where steps in the judicial development remain controversial in point of authority, the controversy is identified and explicated by an in-depth examination of the leading cases.

Key features:

Covers the four categories of estoppel: estoppel by representation, estoppel by convention, proprietary estoppel, and promissory estoppel placing their development in their historical context.
Examines the various relationships in which estoppels may often arise in practice: eg principal and agent, landlord and tenant, bailor and bailee, licensee of intellectual property and bank and customer.
Examines the juridical differences between representation and promise, causation, and the relevance of knowledge of rights as distinct from facts.
Examines the practical operation of estoppel in commercial transactions involving companies, insurance, and insolvency.
Examines the intersection of estoppel and statute law.
Examines quasi-estoppel and equitable defences including the issue of consent to breach of trust.
Addresses practical matters of pleading and practice that arise in the course of litigating issues of estoppel, and explains how to deploy estoppel as a defence to a claim.

New to this third edition:

There are significant updates on proprietary estoppel relating to property dealings affecting family members, particularly as to the requirement of reasonable reliance and the appropriate measure of pecuniary relief where preclusive effect cannot be given to the estoppel.
There is a significant update in relation to estoppel by convention and its relationship to the other categories of estoppel.
There are significant updates in respect of the requirements for a binding election and the relationship and election.
In relation to the controversial aspects of the law left open by ultimate appellate courts, the current course of development is marked by references to recent decisions of intermediate appellate courts.

Complete Service

Purchase your preferred title and get all updates related to your edition

Receive the main work plus all updates until the next edition publishes

Pay once and get all updates for this edition at no additional charge

Publication Frequency: No updates

Updated Format: N/A

Purchase the Complete Service for this edition

By purchasing the Complete Service, you will receive the main work plus all updates until the next edition publishes.
By making this purchase you will receive all content related to the current edition that is published before the next edition.
By purchasing this edition, you are signing up to a continuous subscription. We will contact you before each new edition publishes. Unless you inform us that you do not want to receive the new edition before the specified date, you will receive it automatically on publication and be invoiced accordingly.
After submitting your order, your bank may ask you to authenticate your purchase. Your card will not be charged until your order has been fulfilled/dispatched.
If you wish to cancel your subscription, customer service will contact you to confirm whether you want to receive the remaining updates of your contract and/or cancel future updates.
Contact us:
- Customer Service: +44 0345 600 9355
- Online by clicking here

Read our Terms and Conditions.

Thomson Reuters

Data protection inquiry

All books

Legal

In the spotlight

Books by publisher

Publishers

United States Support

International support

Estoppel by Conduct and Election, 3rd Edition

Product details

Description