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The Modern Law of Estoppel - Elizabeth Cooke

The Modern Law of Estoppel

Hardcover Published: 1st May 2000
ISBN: 9780198262220
Number Of Pages: 208

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The law of estoppel by representation concerns those critical circumstances when the law will not allow a person to go back on what he has previously said. We might call it the law of consistency. It has developed, from very simple origins, into a complex of ideas, which have proved to be of great practical importance in areas as diverse as land law, contract, and family law. Development continues, as does the interaction with other areas; changes in recent years in the law's conception of contract, and in its approach to problems of family property, as well as the growth of the law of restitution, have all had their impact on estoppel. The Modern Law of Estoppel seeks to explore, explain, and criticize the law of estoppel; to present a logical structure for it; and in particular to analyse the concept of 'unconscionability', which is now seen as a basis for the law.

Industry Reviews

`... a thought-provoking study of the current status of the doctrine of estoppel. ... the footnotes throughout the work are excellent - providing further elaboration where to do so in the text would interrupt the flow of thought; making copious references to secondary material; or sometimes simply finishing the story by shedding light on how a particular concept has been accepted or rejected in subsequent cases.' The Irish Jurist 2001 `The writing is lucid and engaging, and the structure of the book is clear and logical.' Trust Law International Vol15, No1 2001 `this book is an immensely rich source of meterial on estoppel, and will be an enormous value to practioners and academics alike' Trust Law International vol15, No1 2001

1: Introduction 2: The formal estoppels 3: The development of estoppel I Common Law Estoppel II The Principle in High Trees III Proprietary Estoppel 4: A new framework for estoppel 5: The representation 6: Would it be unconscionable . . . ? I Unconscionability II Detrimental reliance III Other aspects of unconscionability 7: The response to estoppel I A shield and a sword II Estoppel as a cause of action for land claims III Estoppel and statute IV The protection of expectations V The potential for development 8: Conclusions

ISBN: 9780198262220
ISBN-10: 0198262221
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 208
Published: 1st May 2000
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 23.39 x 15.6  x 1.27
Weight (kg): 0.43

Earn 219 Qantas Points
on this Book