Chapter

<i>The Representation</i>

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/9780198262220.003.0005
The Representation

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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.

Keywords: representation; statement of fact; court cases; estoppel by silence

Chapter.  8451 words. 

Subjects: Civil Law

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