The Modern Law Of Estoppel

The law of estoppel might be called the law of consistency which obliges people to stand by things they have said. This book examines how the law has tried to deal with this issue.

This invaluable guide is the first comprehensive and practically structured resource on the doctrine of proprietary estoppel. It is presented in a user-friendly format to provide assistance in navigating complex case law on the doctrine.

The Modern Law of Contractbuilds on the success of the popular Principlesof Contract Law. Taking account of a variety of theoretical approaches: economic, sociological and empirical, the book combines meticulous examination of authorities and commentary with a modern and contextual approach. The range of material covered, combined with an accessible style, means that this book meets the needs of all undergraduate contract courses, enabling students to gain a profound understanding of this pivotal field. It will also be useful for students studying contract law as part of another discipline.

Written by an author team with over 60 years of teaching experience, the new edition of The Modern Law of Contract is the complete textbook for students of contract law, providing not only clear and authoritative commentary but also a selection of learning features to enable students to engage actively with the law. This, the 14th edition, has been fully updated to address recent developments in contract law, including the implications of COVID-19 and the UK’s future relationship with the EU. It offers a carefully tailored overview of all key topics for LLB and GDL courses, and includes a number of learning features designed to enhance comprehension and aid exam preparation, including: boxed chapter summaries that offer a useful checklist for students, and illustrative diagrams to clarify difficult concepts; ‘Key cases’ that highlight and contextualise the most significant cases; ‘For thought’ features that ask ‘what if’ scenarios; ‘In focus’ features that provide critical commentary on the law. Also including further reading at the end of each chapter, and a companion website with additional resources, The Modern Law of Contract enables undergraduate and postgraduate students not only to fully understand the essential details of contract law but also to develop a profound and critical understanding of this fundamental area.

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

1. Introduction -- (A) The Legal and Moral Basis of Estoppel -- (B) The Forms of Estoppel and the Doctrine of Election -- (C) The Nature and Characteristics of Estoppel -- (D) General Factors Common to Estoppels -- (E) General Questions of Principle Regarding Estoppel -- (F) Terminology -- (G) The Historical Basis of Estoppel -- (H) The Structure of the Book -- 2. General Questions Relating to Estoppel -- (A) Introduction -- (B) Sword or Shield -- (C) Evidence or Substantive Law -- (D) Public Law -- (E) Estoppel and Jurisdiction -- (F) Estoppel: Conflict with Statutory Provisions and Other Rules of Law -- (G) A Uniform Doctrine -- (H) Waiver -- (I) Estoppel and Third Parties -- 3. Estoppel by Representation -- (A) Introduction -- (B) The Essential Elements of the Estoppel -- (C) The Representation -- (D) The Intention of the Representor -- (E) Injustice or Unconscionability: Its Components of Reliance and Detriment -- (F) The Effect of the Estoppel -- (G) Contractual Estoppel -- 4. Estoppel by Deed -- (A) Introduction -- (B) Deeds -- (C) The First Aspect of Estoppel by Deed: Its Essential Requirements -- (D) The Second Aspect of Estoppel by Deed: Interests in Land Created -- (E) Summary -- 5. Estoppel by Convention -- (A) The Nature and Basis of the Estoppel -- (B) The Development of the Estoppel -- (C) The Main Elements of the Estoppel -- (D) The First Element: Assumed State of Fact or Law -- (E) The Second Element: A Shared Assumption -- (F) The Third Element: Injustice or Unconscionability -- (G) The Effect of the Estoppel -- (H) Summary -- 6. Promissory Estoppel -- (A) The Principle and its Development -- (B) The Essential Elements of the Estoppel -- (C) The Place of Promissory Estoppel in the Law -- (D) Permanent or Suspensory Effect -- (E) A Clear Promise -- (F) Rights under an Existing Transaction -- (G) Injustice or Unconscionability -- (H) Summary -- 7. Proprietary Estoppel -- (A) Introduction -- (B) The Nature and Status of the Principle -- (C) The Essential Elements of the Estoppel -- (D) The First Element: The Assurance -- (E) The Second Element: Reliance -- (F) The Third Element: Detriment -- (G) The Fourth Element: Unconscionability -- (H) Property Other Than Land -- (I) Form of Relief or Remedy -- (J) Summary -- 8. Election -- (A) Introduction -- (B) Equitable Election -- (C) Common Law Election -- (D) Summary -- 9. Estoppel by Record -- (A) Introduction -- (B) Judgments -- (C) Cause of Action Estoppel -- (D) Issue Estoppel -- (E) Parties and Privies -- (F) Particular Areas of Law -- (G) Courts and Tribunals -- (H) Foreign Judgments -- (I) Exceptions -- (J) The Rule in Henderson v Henderson -- (K) Summary.