Chapter

A New Framework for Estoppel

ELIZABETH COOKE

in The Modern Law of Estoppel

Published in print March 2000 | ISBN: 9780198262220
Published online January 2010 | e-ISBN: 9780191714412 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262220.003.0004
A New Framework for Estoppel

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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 the 1947 case Central London Property Trust Limited v. High Trees House Limited, known as promissory estoppel. The chapter divides estoppel into the formal estoppels and reliance-based estoppel, and uses the term ‘estoppel’ to refer to the latter unless otherwise stated. Reliance-based estoppel is treated as a unity; variations within it are described transparently, rather than using terms which have become ambiguous. Hence, we can speak of the special considerations arising when the representation is by silent inaction, or when the representation is a concession of contractual obligations (a High Trees-type case), or when the representation is about land.

Keywords: reliance-based estoppel; proprietary estoppel; promissory estoppel; formal estoppels; law; representation; contractual obgligations; silent inaction

Chapter.  9142 words. 

Subjects: Civil Law

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