Chapter

Conclusions

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/9780198262220.003.0008
Conclusions

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This book proposes three suggestions with regards to the law of estoppel. The first is that estoppel should not be treated as a collection of discrete types. The book argues that reliance-based estoppel is an identiflable area of the law, and that it is best to consider it as a single area with pervasive characteristics in spite of the distinctions and exceptions within it. The second suggestion concerns guidelines for use as a practical approach to estoppel. Some of these features have been particularly clear and uncontroversial, while others are more difficult to pin down, in particular the courts' ability and readiness to exercise discretion. The third suggestion is to remember that estoppel exists in a context, that its availability and operation are under pressure from other areas of law including contract and property law which loom rather larger and operate on firmer principles than does estoppel.

Keywords: law of estoppel; reliance; representation; property law; contract law

Chapter.  1003 words. 

Subjects: Civil Law

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