Estoppel by Conduct in UK Law
-
Peyman v Lanjani
“
If A wishes to allege that B, having had a right of rescission has elected to affirm a contract, he should in his pleadings, so it seems to me, expressly allege B's knowledge of the relevant right to rescind, since such knowledge will be an essential fact upon which he relies. The court may, and no doubt often will, be asked to order A to give further and better particulars of the allegation: (see Rules of the Supreme Court O. 18 r.12(4)).
-
Panchaud Frères S.A. v Etablissements General Grain Company (African Night.)
“
The basis of it is that a man has so conducted himself that it would be unfair or unjust to allow him to depart from a particular state of affairs whichanother has taken to he settled or correct, see the cases I referred to in Central Newbury v. Unity Finance (1957 1 Q.B. at page 380).
-
Hudgell Yeates & Company v Watson
“
But what is the effect of a holding-out of someone as being a partner? A holding-out is relevant, and relevant only, as an estoppel. As it is put in Lindley on Partnership (13th edition) at page 100: "The doctrine that a person holding himself out as a partner, and thereby inducing others to act on the faith of his representations, is liable to them as if he were in fact a partner is nothing mere than an illustration of the general principle of estoppel by conduct".
-
Moorgate Mercantile Company Ltd v Twitchings
“
So much so that his own title to the property, be it land or goods, has been held to be Ltd or extinguished; and new rights and interests have been created therein. And this operates by reason of his conduct — what he has led the other to believe — even though he never intended it.
-
WORLD ONLINE TELECOM Ltd v I-way Ltd
“
I-Way have pleaded that World Online is estopped from relying on the prohibitory clause. No doubt because he did not need to do so the judge did not deal with that submission. It may be that it should not have been pleaded in the claim, since one cannot sue on an estoppel; but it was certainly available in answer to World Online's counterclaim.
-
Moorgate Mercantile Company Ltd v Twitchings
“
What I think we are looking for here is an answer to the question whether, having regard to the situation in which the relevant transaction occurred, as known to both parties, a reasonable man, in the position of the "acquirer" of the property would expect the "owner" acting honestly and responsibly, if he claimed any title in the property, to take steps to make that claim known to, and discoverable by the "acquirer" and whether, in the face of an omission to do so the "acquirer" could reasonably assume that no such title was claimed.
-
Nationwide Building Society v Lewis and Another
“
The judge commented that in talking only in terms of giving credit section l4(1) might perhaps be viewed as expressed somewhat restrictively. But he referred to the view of the editor of Lindley & Banks at paragraph 5–52 that the expression should not be construed in a technical or restrictive sense but as describing any transaction of the firm.
-
Land Registration Act 2002
... ... 100: Conduct of business ... (1) ... that it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess the applicant, but ... ...
-
Poor Law Act 1930
... ... exceed twenty shillings ... Conduct of masters and officers of workhouses. 31 Conduct of masters and officers ... borough by reason of an estoppel ... Derivative settlement. 85 Derivative settlement ... (1) Until a ... ...
-
Copyright, Designs and Patents Act 1988
... ... as excluding the operation of the general law of contract or estoppel in relation to an informal waiver or other transaction in relation to any ... scheme or, as the case may be, the licensing body to take over the conduct of any proceedings affecting the amount of his liability to indemnify ... ...
-
The Performances (Moral Rights, etc.) Regulations 2006
... ... as excluding the operation of the general law of contract or estoppel in relation to an informal waiver or other transaction in relation to ... claiming to act on behalf of a performer consented to the relevant conduct or purported to waive the right, and ... ...
-
Estoppels Against Statutes
... ... which arise in the application of the doctrine of estoppel is the effect of an estoppel in the face of an Act of ... waiver or that the defendant can be estopped by his conduct from taking the benefit. The cases again support these ... ...
-
VARIATION, WAIVER AND ESTOPPEL—A RE‐APPRAISAL
... ... A post-contractual representation, in this context. means a representa- tion made, either by words or conduct, by one party to the other, after the contract has been made. This may take place whilst the contract is still executory ... ...
-
NOTES OF CASES
... ... 34 FOREIGN DIVORCES AND ESTOPPEL BY CONDUCT IN THE ENGLISH CONFLICT OF LAWS CAN the validity of ... ...
-
Equitable Estoppel Today
... ... 360. SCC W. S. IIoldeworth, IIidory of English Law, Vol. 9, p. 162: " ... the mot principle of estoppel by conduct was in effect rccogriiRed both by the coiirts of common law and by tlic court of Chnnccry in tlic lntlcr part of the ... ...
-
No Binding Arbitration Agreement; Renewed Importance Of The Classic Principles Of Construction And Interpretation
... ... implied agreement to the same effect or as a result of an estoppel ... by representation or convention. The estoppel that ESL relied upon ... of the parties' written exchanges and conduct is fact specific ... although serves as a useful reminder of the need for ... ...
-
What Is Proprietary Estoppel?
... ... If the elements listed above are present and there is a causal ... link between A's belief and their detrimental conduct, the ... court may intervene to prevent person B from enforcing their legal ... rights against person A ... Assurances and promise ... The assurance ... ...
-
Gotcha! Tinkler And Estoppel
... ... professional would - at the very least - invite censure ... as breaching the rules on Professional Conduct in Relation ... to Taxation adopted by the main professional ... bodies. So not to be recommended ... Finally, was estoppel relevant anyway? ... ...
-
Gotcha! Tinkler And Estoppel
... ... professional would - at the very least - invite censure ... as breaching the rules on Professional Conduct in Relation ... to Taxation adopted by the main professional ... bodies. So not to be recommended ... Finally, was estoppel relevant anyway? ... ...