Chapter

<i>The Response to Estoppel</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/9780198262220.003.0007
The Response to Estoppel

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Estoppel prevents the representor from denying, or going back on, what he said. This is subject to a number of points which arise from the interaction of estoppel with other areas of the law, in particular contract and property law and statutory provisions. In general, estoppel is not a cause of action, although it may support a cause of action by blocking a defence. Therefore, the courts will not give effect to representations taking the form of promises in a way that would be equivalent to enforcing promises without consideration. However, estoppel is a cause of action where the claimant seeks an interest in land. Estoppel is subject to special considerations where statutory provisions are involved. Subject to these points, the court meets, as closely as possible, the expectations of the person claiming the benefit of estoppel, but it has a discretion to frame a different response in special circumstances.

Keywords: property law; contract law; court cases; cause of action; breach of contract; claims; property rights; representation

Chapter.  30326 words. 

Subjects: Civil Law

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