Estoppel by Conduct in UK Law

Leading Cases
  • Peyman v Lanjani
    • Court of Appeal (Civil Division)
    • 11 Abril 1984

    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. In many cases the best particulars that A will be able to give will be to invite the court to infer knowledge from all the circumstances.

  • Panchaud Frères S.A. v Etablissements General Grain Company (African Night.)
    • Court of Appeal (Civil Division)
    • 06 Noviembre 1969

    The present case is not a case of "waiver" strictly so called, It is a case of estoppel by conduct. 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
    • Court of Appeal (Civil Division)
    • 30 Noviembre 1977

    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".

  • Hunter and Others v Chief Constable of West Midlands
    • Court of Appeal (Civil Division)
    • 17 Enero 1980

    From that simple origin there has been built up over the centuries in our law a big house with many rooms. In Coke's time it was a small house with only three rooms, namely, estoppel by matter of record, by matter in writing, and by matter in pais. But by our timewe have so many rooms that we are apt to get confused between them. It is a mistake to suppose that what you find in one room, you will also find in the others.

  • Moorgate Mercantile Company Ltd v Twitchings
    • Court of Appeal (Civil Division)
    • 18 Junio 1975

    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
    • Court of Appeal (Civil Division)
    • 08 Marzo 2002

    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.

  • Glencore Grain Ltd v Flacker Shipping Ltd (Happy Day)
    • Court of Appeal (Civil Division)
    • 15 Julio 2002

    Waiver by election on the other hand is concerned with the reaction of X when faced with conduct by Y, or a particular factual situation which has arisen, which entitles X to exercise or refrain from exercising a particular right to the prejudice of Y. Both types of waiver may be distinguished from estoppel.

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Legislation
  • Land Registration Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ......registry) has effect. S-100 . Conduct of business 100 Conduct of business . . (1) Any function of the ...estoppel for the registered proprietor to seek to dispossess the. applicant, but ......
  • Poor Law Act 1927
    • UK Non-devolved
    • 1 de Enero de 1927
    ......person to visit and report upon the condition, treatment. and conduct of any young person under the age of. sixteen who has gone into service ...estoppel. S-110 . Derivative settlements. 110 Derivative settlements. . (1) ......
  • Tribunals, Courts and Enforcement Act 2007
    • UK Non-devolved
    • 1 de Enero de 2007
    ...... for the applicant would have been substantially different if the conduct complained of had not occurred, and(b) must consider that question if the .... (3) In the case of a tenancy by estoppel, a person is “entitled to the immediate reversion” if he is entitled ......
  • Copyright, Designs and Patents Act 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ......the operation of the general law of contract or estoppel in. relation to an informal waiver or other transaction in relation. to ...may be, the licensing body to take over the conduct. of any proceedings affecting the amount of his liability. to indemnify. ......
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Books & Journal Articles
  • Estoppels Against Statutes
    • Nbr. 29-1, January 1966
    • The Modern Law Review
    ...... 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
    • Nbr. 39-6, November 1976
    • The Modern Law Review
    ...... 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
    • Nbr. 34-4, July 1971
    • The Modern Law Review
    ...... 34 FOREIGN DIVORCES AND ESTOPPEL BY CONDUCT IN THE ENGLISH CONFLICT OF LAWS CAN the validity of ......
  • Equitable Estoppel Today
    • Nbr. 15-3, July 1952
    • The Modern Law Review
    ...... 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 ......
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Law Firm Commentaries
  • No Estoppel Where Terms Subsequently Found To Apply And 'Payment On Account' Sufficient Reservation To Enable Recovery Of Mistaken Payments
    • Mondaq United Kingdom
    ...... promissory estoppel, both parties were unaware of Wincanton's rights, so it could not be said that Wincanton had made a representation by conduct or silence that it would not rely on them, nor could DRL be said to have relied on silence as being such a representation. Silence can only amount to ......
  • Gotcha! Tinkler And Estoppel
    • Mondaq UK
    ......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?  The ......
  • Gotcha! Tinkler And Estoppel
    • Mondaq UK
    ......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?  The ......
  • Reserving The Position
    • Mondaq UK
    ...... on the terms of its contract with another if, by its words and/or conduct, it is clear that it has agreed to a variation to, or waiver of, those ... Facts Consent to jurisdiction Estoppel No oral variations clauses Issue estoppel Conclusion Facts. In ......
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Forms
  • Chapter CG65430
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... . TCGA92/S225. The doctrine of proprietary estoppel is very similar to that of constructive trusts. It applies if the legal ...The Courts will act to prevent unconscionable conduct by the legal owner. Although the doctrines are very similar there are ......
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