Estoppel by Conduct in UK Law

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

  • Peyman v Lanjani
    • Court of Appeal (Civil Division)
    • 11 Abr 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 the latter event A's plea that B has elected will fail.

  • Hudgell Yeates & Company v Watson
    • Court of Appeal (Civil Division)
    • 30 Nov 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 Ene 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 Jun 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 Mar 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 Jul 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
  • The Land Registration Rules 2003
    • UK Non-devolved
    • 1 de Enero de 2003
    ...... costs where those costs have been occasioned by the unreasonable conduct of that party in relation to the proceedings. . (3) Subject to paragraph ... it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to assert his title to the ......
  • 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 1930
    • UK Non-devolved
    • 1 de Enero de 1930
    ...... . . and all other powers of regulating and conducting workhouses. and of the government, care, and employment of. poor persons ...borough by reason of an estoppel. S-85 . Derivative settlement. 85 Derivative settlement. . (1) Until ......
  • The Performances (Moral Rights, etc.) Regulations 2006
    • UK Non-devolved
    • 1 de Enero de 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(c) there would have been no ......
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Books & Journal Articles
  • Estoppels Against Statutes
    • Núm. 29-1, Enero 1966
    • The Modern Law Review
    ...... of reasoning to argue that the benefit can be lost by waiver or that the defendant can be estopped by his conduct from taking the benefit. The cases again support these propositions.u Thus if the defendant represents that he ......
  • VARIATION, WAIVER AND ESTOPPEL—A RE‐APPRAISAL
    • Núm. 39-6, Noviembre 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
    • Núm. 34-4, Julio 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
    • Núm. 15-3, Julio 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
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