ELIZABETH COOKE
- 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, ...
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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, have been developed over the years to meet changing human and commercial needs. The result has not been tidy. This chapter provides a rapid sketch rather than a comprehensive history as it examines the three main strands of development within the law of estoppel, noting some of the difficulties caused by the growth of categories in this way. It refers, of necessity, to the numerous labels for the various forms of estoppel as they have evolved, and the messiness of this will be obvious.Less
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, have been developed over the years to meet changing human and commercial needs. The result has not been tidy. This chapter provides a rapid sketch rather than a comprehensive history as it examines the three main strands of development within the law of estoppel, noting some of the difficulties caused by the growth of categories in this way. It refers, of necessity, to the numerous labels for the various forms of estoppel as they have evolved, and the messiness of this will be obvious.
ELIZABETH COOKE
- 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
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 association with estoppel. The rarity of representation in ordinary language makes it easier to use as a term of art. It has been argued that the notion of estoppel as dependent upon a representation (in the sense of a statement of fact), or upon a promise, must be abandoned. This chapter discusses different forms of representation, leading back to the traditional classification of estoppels by type of representation. The approach taken here is to consider generally how a court is to assess whether or not a representation has been made, looking where necessary at special considerations.Less
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 association with estoppel. The rarity of representation in ordinary language makes it easier to use as a term of art. It has been argued that the notion of estoppel as dependent upon a representation (in the sense of a statement of fact), or upon a promise, must be abandoned. This chapter discusses different forms of representation, leading back to the traditional classification of estoppels by type of representation. The approach taken here is to consider generally how a court is to assess whether or not a representation has been made, looking where necessary at special considerations.
