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The Modern Law of Estoppel

Elizabeth Cooke

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198262220
eISBN:
9780191714412
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262220.001.0001
Subject:
Law, Law of Obligations

The law of estoppel by representation concerns those critical circumstances when the law will not allow a person to go back on what he has previously said. It might also be called the law of ... More


Some Landmarks of Twentieth Century Contract Law

Guenter Treitel

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199255757
eISBN:
9780191719561
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199255757.001.0001
Subject:
Law, Human Rights and Immigration, Legal History

This book discusses three of the most important developments in the law of contract in the 20th century. A short introduction explains the choice of topics and gives an account of the project ... More


The Development of Estoppel(s)

ELIZABETH COOKE

in The Modern Law of Estoppel

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198262220
eISBN:
9780191714412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262220.003.0003
Subject:
Law, Law of Obligations

To understand the law of estoppel today, it is necessary to take a brief look at how it has developed. A number of branches or categories of estoppel, with different origins and inconsistent rules, ... More


Conclusions

ELIZABETH COOKE

in The Modern Law of Estoppel

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198262220
eISBN:
9780191714412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262220.003.0008
Subject:
Law, Law of Obligations

This book proposes three suggestions with regards to the law of estoppel. The first is that estoppel should not be treated as a collection of discrete types. The book argues that reliance-based ... More


A New Framework for Estoppel

ELIZABETH COOKE

in The Modern Law of Estoppel

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198262220
eISBN:
9780191714412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262220.003.0004
Subject:
Law, Law of Obligations

This chapter looks at the real significance of the distinctions between different forms of estoppel. One distinction that has been questioned is that between proprietary estoppel and the principle in ... More


Legitimate Expectations and Informal Administrative Representations

Hector A. Mairal

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0013
Subject:
Law, Constitutional and Administrative Law, Public International Law

The protection of legitimate expectations arising from government conduct is an important doctrine in some European legal systems and in investment arbitration. This chapter deals with legitimate ... More


Better Patents: A Post-Grant Opposition Procedure

Michael A. Carrier

in Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195342581
eISBN:
9780199867035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342581.003.0009
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter begins by detailing difficulties with the application process at the U.S. Patent and Trademark Office (PTO) that explain the issuance of invalid patents. It then shows why this problem ... More


The Formal Estoppels

ELIZABETH COOKE

in The Modern Law of Estoppel

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198262220
eISBN:
9780191714412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262220.003.0002
Subject:
Law, Law of Obligations

Sir Edward Coke, writing in 1628, mentioned three kinds of estoppels: by matter of record, by matter in writing, and by matter in pais (estoppel that arises in the country and need not involve ... More


Defences Arising from Changes in the Defendant's Circumstances

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0024
Subject:
Law, Law of Obligations

Sometimes the defendant's circumstances will change to such an extent after he or she has obtained a benefit that it is no longer just for the defendant to make full restitution of the benefit ... More


The Representation

ELIZABETH COOKE

in The Modern Law of Estoppel

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198262220
eISBN:
9780191714412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262220.003.0005
Subject:
Law, Law of Obligations

Estoppel is triggered by words, behaviour, or silence leading someone to believe in a state of affairs. A word that can be used as a shorthand for this is ‘representation’, which has a long ... More


Contract Formation Doctrine

Peter A. Alces

in A Theory of Contract Law: Empirical Insights and Moral Psychology

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195371604
eISBN:
9780199893447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195371604.003.0003
Subject:
Law, Company and Commercial Law

As long as we are considerate of the fact that any delineation of contract issues into discrete subject areas will be somewhat superficial, we can, nevertheless, further our understanding of contract ... More


Theory of Contract Formation

Peter A. Alces

in A Theory of Contract Law: Empirical Insights and Moral Psychology

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195371604
eISBN:
9780199893447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195371604.003.0004
Subject:
Law, Company and Commercial Law

This chapter discusses the normative foundation of contract formation as it relates to and differs from promise. Is there good reason to understand contract in terms of (or perhaps in contrast with) ... More


Contract Enforcement Doctrine

Peter A. Alces

in A Theory of Contract Law: Empirical Insights and Moral Psychology

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195371604
eISBN:
9780199893447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195371604.003.0007
Subject:
Law, Company and Commercial Law

This chapter discusses the contract enforcement doctrine that emerges from the canonical contract enforcement cases. It may be that the object of contract is most accurately revealed when the deal ... More


Theory of Contract Enforcement

Peter A. Alces

in A Theory of Contract Law: Empirical Insights and Moral Psychology

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195371604
eISBN:
9780199893447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195371604.003.0008
Subject:
Law, Company and Commercial Law

Contract remedies may define the normative commitments (or lack thereof) of contract. It is at least true that how the law responds to breach says a good deal about contract. This chapter discusses ... More


Agreements to Vary Contracts

SIR GUENTER TREITEL

in Some Landmarks of Twentieth Century Contract Law

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199255757
eISBN:
9780191719561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199255757.003.0002
Subject:
Law, Human Rights and Immigration, Legal History

This chapter discusses obstacles which the doctrine of consideration had placed in the way of legal enforceability of agreements to vary contracts. It distinguishes between increasing pacts (A ... More


Hunting Promissory Estoppel

David V Snyder

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0020
Subject:
Law, Comparative Law

Promissory estoppel came into Louisiana silently, as it pervaded the rest of the United States, under the guises of other doctrines. Even after Williston discovered the hidden current in the American ... More


Equity: Conscience Goes to Market

Irit Samet

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198766773
eISBN:
9780191821042
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198766773.001.0001
Subject:
Law, Philosophy of Law

The Law of Equity is a unique junction where doctrinal private law, moral theory, and social perceptions of justice meet. This book explores the general principles that underlie Equity’s intervention ... More


Misrepresentation, Warranty, and Estoppel

P. S. Atiyah

in Essays on Contract

Published in print:
1990
Published Online:
March 2012
ISBN:
9780198254447
eISBN:
9780191681493
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254447.003.0010
Subject:
Law, Law of Obligations

This chapter analyses the nature of liability for misrepresentation in the modern law. The first part focuses on misrepresentation and warranty. It presents how ‘mere representation’ can be ... More


Equity as Fairness 1

Thomas M. Franck

in Fairness in International Law and Institutions

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198267850
eISBN:
9780191683398
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267850.003.0003
Subject:
Law, Public International Law

One approach to an inquiry into the justice of international law is to study the emerging role of equity in the jurisprudence of international tribunals. In fairness discourse, the most restrained ... More


Substantive Protection of Legitimate Expectations (I): Revocation of Decisions

Søren J. Schønberg

in Legitimate Expectations in Administrative Law

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299479
eISBN:
9780191685705
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299479.003.0004
Subject:
Law, Constitutional and Administrative Law

Revocation of decisions may cause legal uncertainty disappointment of reasonable expectations as well as financial loss. For this reason, it is accepted in English, French, and European Community ... More


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