Doctrine of Promissory Estoppel

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Author :
Publisher : Deep and Deep Publications
ISBN 13 : 9788171005840
Total Pages : 188 pages
Book Rating : 4.0/5 (58 download)

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Book Synopsis Doctrine of Promissory Estoppel by : L.K. Sharma

Download or read book Doctrine of Promissory Estoppel written by L.K. Sharma and published by Deep and Deep Publications. This book was released on 1994 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Business Law I Essentials

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Author :
Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Anson's Law of Contract

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0199593337
Total Pages : 850 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Anson's Law of Contract by : Sir William Reynell Anson

Download or read book Anson's Law of Contract written by Sir William Reynell Anson and published by Oxford University Press, USA. This book was released on 2010-08-19 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition provides an authoritative and detailed account of contract law. It is essential reading for any student of contract law, and a valuable source of reference for practitioners and academics.

Should the "Doctrine of Consideration" be abolished?

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3668186383
Total Pages : 21 pages
Book Rating : 4.6/5 (681 download)

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Book Synopsis Should the "Doctrine of Consideration" be abolished? by : Ciaran Gallagher

Download or read book Should the "Doctrine of Consideration" be abolished? written by Ciaran Gallagher and published by GRIN Verlag. This book was released on 2016-04-04 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2016 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, National University of Ireland, Galway, course: Corporate Law, language: English, abstract: This essay is asking the question whether the doctrine of consideration ought to be abolished. It will argue that all that should be required for a legally binding promise is a clear intention to be bound by the terms of a promise and, perhaps, detrimental reliance on that promise by the other party. The Doctrine of Consideration is one of the three essential parts which make up a valid contract, the other two being that of offer and acceptance. In a contract, if consideration is not part of the contract then it will determine whether it is enforceable or not unless it's incorporated into a deed under a seal. This particular requirement in terms of contract law has been put under much scrutiny recently and there have been calls for the abolition of the doctrine. In this essay we will take a look at the functions of consideration, it's purpose in modern law and the possible alternatives were it to be abolished. Consideration is prone to much criticism as it is said to have a very narrow scope as a definition with many suggesting that the narrowness the doctrine shows is now more about denying legal effect in most promises. The thinking behind this criticism is that many courts bring consideration into cases without a second thought and use it as a tool to guide their judgements. This then leads to it being open to many more avenues such as the Williams v Roffey case where they suggested that practical benefit counted as sufficient consideration. This then leads to unlawful claims as never before had consideration been brought into a pre-existing contract case.

Frustration and supervening impossibility / The doctrines of consideration and promissary estoppel

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3638370283
Total Pages : 14 pages
Book Rating : 4.6/5 (383 download)

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Book Synopsis Frustration and supervening impossibility / The doctrines of consideration and promissary estoppel by : Jenny Walther

Download or read book Frustration and supervening impossibility / The doctrines of consideration and promissary estoppel written by Jenny Walther and published by GRIN Verlag. This book was released on 2005-04-24 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2000 in the subject Business economics - Law, grade: 2,8, Ashcroft International Business School Cambridge, course: Comparative Business Law, language: English, abstract: In English law, a contracting party is generally bound to the promise he has given and is not easily excused from his liability. However, there is an exception to this principle of pacta sunt servanda if non-performance is caused by upheavals beyond the parties' control. The purpose of this essay is to give a short overview about this issue. I will start by examining the connection between the doctrines of impossibility and frustration. Afterwards I will have a more detailed look on the concept of frustration in English law and continue by briefly outlining the corresponding principles in other legal systems. In order to illustrate the rather abstract concept I will contrast two cases in detail and point to a few other ones in more general terms.

The Law of Estoppel

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509909389
Total Pages : 981 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Law of Estoppel by : Michael Barnes QC

Download or read book The Law of Estoppel written by Michael Barnes QC and published by Bloomsbury Publishing. This book was released on 2020-04-02 with total page 981 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Introduction -- (A) The Legal and Moral Basis of Estoppel -- (B) The Forms of Estoppel and the Doctrine of Election -- (C) The Nature and Characteristics of Estoppel -- (D) General Factors Common to Estoppels -- (E) General Questions of Principle Regarding Estoppel -- (F) Terminology -- (G) The Historical Basis of Estoppel -- (H) The Structure of the Book -- 2. General Questions Relating to Estoppel -- (A) Introduction -- (B) Sword or Shield -- (C) Evidence or Substantive Law -- (D) Public Law -- (E) Estoppel and Jurisdiction -- (F) Estoppel: Conflict with Statutory Provisions and Other Rules of Law -- (G) A Uniform Doctrine -- (H) Waiver -- (I) Estoppel and Third Parties -- 3. Estoppel by Representation -- (A) Introduction -- (B) The Essential Elements of the Estoppel -- (C) The Representation -- (D) The Intention of the Representor -- (E) Injustice or Unconscionability: Its Components of Reliance and Detriment -- (F) The Effect of the Estoppel -- (G) Contractual Estoppel -- 4. Estoppel by Deed -- (A) Introduction -- (B) Deeds -- (C) The First Aspect of Estoppel by Deed: Its Essential Requirements -- (D) The Second Aspect of Estoppel by Deed: Interests in Land Created -- (E) Summary -- 5. Estoppel by Convention -- (A) The Nature and Basis of the Estoppel -- (B) The Development of the Estoppel -- (C) The Main Elements of the Estoppel -- (D) The First Element: Assumed State of Fact or Law -- (E) The Second Element: A Shared Assumption -- (F) The Third Element: Injustice or Unconscionability -- (G) The Effect of the Estoppel -- (H) Summary -- 6. Promissory Estoppel -- (A) The Principle and its Development -- (B) The Essential Elements of the Estoppel -- (C) The Place of Promissory Estoppel in the Law -- (D) Permanent or Suspensory Effect -- (E) A Clear Promise -- (F) Rights under an Existing Transaction -- (G) Injustice or Unconscionability -- (H) Summary -- 7. Proprietary Estoppel -- (A) Introduction -- (B) The Nature and Status of the Principle -- (C) The Essential Elements of the Estoppel -- (D) The First Element: The Assurance -- (E) The Second Element: Reliance -- (F) The Third Element: Detriment -- (G) The Fourth Element: Unconscionability -- (H) Property Other Than Land -- (I) Form of Relief or Remedy -- (J) Summary -- 8. Election -- (A) Introduction -- (B) Equitable Election -- (C) Common Law Election -- (D) Summary -- 9. Estoppel by Record -- (A) Introduction -- (B) Judgments -- (C) Cause of Action Estoppel -- (D) Issue Estoppel -- (E) Parties and Privies -- (F) Particular Areas of Law -- (G) Courts and Tribunals -- (H) Foreign Judgments -- (I) Exceptions -- (J) The Rule in Henderson v Henderson -- (K) Summary.

The Law of Estoppel

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509909397
Total Pages : 981 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Law of Estoppel by : Michael Barnes KC

Download or read book The Law of Estoppel written by Michael Barnes KC and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 981 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains within a single book an account of all the forms of estoppel in operation today, including estoppel by record (res iudicata), as well as of the associated doctrine of election. There can be few practitioners who do not at some time have to engage with estoppel. Estoppel applies across all, or nearly all, English civil law. In explaining each form of estoppel an attempt is made to state the main elements which have to be proved to establish the estoppel and then to detail each element with its various components. At the end of each chapter a brief summary of the estoppel is included so as to guide practitioners and others to any question important in any particular case. The law of estoppel has considerably advanced over recent decades, and over the last 10 years alone there have been major changes, such as the clarification of the previously uncertain boundaries of proprietary estoppel, a statement of the exceptions to the principles of res iudicata, and the extension law as well as of fact. These and other subjects are explained in full.

Estoppel by Conduct and Election

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Publisher :
ISBN 13 : 9780414028449
Total Pages : 356 pages
Book Rating : 4.0/5 (284 download)

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Book Synopsis Estoppel by Conduct and Election by : K. R. Handley

Download or read book Estoppel by Conduct and Election written by K. R. Handley and published by . This book was released on 2013 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Contract and Related Obligation

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Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 1140 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Contract and Related Obligation by : Robert S. Summers

Download or read book Contract and Related Obligation written by Robert S. Summers and published by West Academic Publishing. This book was released on 2006 with total page 1140 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook focuses not only on the rules and principles of contract law, but also on the lawyer's role in planning and drafting contracts and on the richness of contract theory. It has comprehensive coverage of contract law and related obligation, the latter including promissory estoppel, restitution, and tort arising in the contract setting. This book is primarily a case book designed to help students develop important analytical and critical skills, but also has ample notes, problems, and excerpts that focus on the nature, function, and limits of contract and related law. Features of the new Fifth Edition include: several recent cases that bring important issues up to date; new notes and comments about recent developments in contract law and recent contract controversies in the news; and new excerpts from the secondary literature focusing on major recent developments.

The Law of Waiver, Variation and Estoppel

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Publisher : OUP Oxford
ISBN 13 : 0191631035
Total Pages : 536 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Law of Waiver, Variation and Estoppel by : Sean Wilken

Download or read book The Law of Waiver, Variation and Estoppel written by Sean Wilken and published by OUP Oxford. This book was released on 2012-02-02 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrines of waiver, variation and estoppel are relied upon to justify or criticize a party's changed position as to its contractual obligations. This book provides a complete practitioner guide to these complex but important doctrines, analysing their basic foundations and their relationship with other areas of law including contract, restitution, and equity. As well as clarifying and explaining these doctrines in relation to other areas it also considers their application in various aspects of commercial law. This new edition provides a thorough analysis of the increasing trend in commercial parties to insert "no waiver" clauses into contracts and considers the behaviour adopted by the courts in relation to these and other matters. It also includes coverage of important cases such as the House of Lords decision in Yeoman v Cobbe, Dallah Real Estate v Pakistan Ministry of Religious Affairs and those such as the Scottish decision in City Inns which demonstrate an on-going confusion and uncertainty in the analysis and application of these doctrines.

Pre-contractual Rights and Remedies

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Publisher :
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Pre-contractual Rights and Remedies by : D. Y. K. Fung

Download or read book Pre-contractual Rights and Remedies written by D. Y. K. Fung and published by . This book was released on 1999 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is a study of the different juristic approaches to the problems arising out of claims resulting from failed pre-contractual negotiations. The main approaches in this matter have been the law of restitution and promissory estoppel. Breaking a new ground in this area of the law, the book offers a theory, comprising a marriage of common elements called the benefit-reliance approach to restitution.

25 Doctrines of Law You Should Know

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Publisher : Algora Publishing
ISBN 13 : 0875865364
Total Pages : 236 pages
Book Rating : 4.8/5 (758 download)

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Book Synopsis 25 Doctrines of Law You Should Know by : Philip Chase Tobin

Download or read book 25 Doctrines of Law You Should Know written by Philip Chase Tobin and published by Algora Publishing. This book was released on 2007 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: "I'll sue you!" In this litigious society, everyone needs to know a few basics to avoid being snowed, cowed and generally abused. Even those who can afford to hire lawyers need to know what they are up to. When a conflict arises, what are the main doctrines of law that give one side an advantage? What do they mean, and how do they apply? When you can see through the jargon, the intimidation factor loses its power and you can concentrate on real issues - and use these tools to take care of yourself. Some of America's doctrines go back to the 17th-century English Bench and have had a lasting impact on our legal system. Other doctrines are of more recent vintage but have had an equally profound influence. The author has researched 1000 legal cases and identified 326 different doctrines of law; of those, he has selected 25 doctrines that average Americans are most likely to encounter in their everyday activities. In these pages he reviews actual cases to show how the doctrines apply in real-life scenarios and relates what happened in court. These non-jargon explanations provide handy background reading for fans of court-room dramas and, since any one of us may end up in court these days, important general education for every adult in the United States. 1. Res Ipsa Loquitur 2. Promissory Estoppel 3. Respondeat Superior 4. Doctrine of Sudden Danger 5. Rescue Doctrine 6. Doctrine of Comparative Negligence 7. Doctrine of Unjust Enrichment 8. Doctrine of Unclean Hands 9. Doctrine of Unconscionability 10. Fruit of the Poisonous Tree Doctrine 11. Attractive Nuisance Doctrine 12. Doctrine of Mitigated Damages 13. Quantum Meruit Doctrine 14. Doctrine of Sovereign Immunity 15. Doctrine of AbsoluteImmunity 16. Doctrine of Qualified Immunity 17. Last Clear Chance Doctrine 18. Open and Obvious Danger Doctrine 19. Assumption of Risk Doctrine 20. Public Duty Doctrine 21. Statute of Limitations 22. Equitable Estoppel 23. Res Judicata 24.Collateral Estoppel 25. Stare Decisis Philip Chase Tobin holds degrees in English and Latin and Legal Technology. He has been a school teacher and businessman and holds a U.S. patent and numerous copyrights. He has self-litigated several cases and has been to the U.S. Supreme Court on a writ of certiorari.

Waiver Distributed Among the Departments, Election, Estoppel, Contract, Release

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Author :
Publisher : Cambridge, [Mass.] : Harvard University Press
ISBN 13 :
Total Pages : 338 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Waiver Distributed Among the Departments, Election, Estoppel, Contract, Release by : John Skirving Ewart

Download or read book Waiver Distributed Among the Departments, Election, Estoppel, Contract, Release written by John Skirving Ewart and published by Cambridge, [Mass.] : Harvard University Press. This book was released on 1917 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Proprietary Estoppel

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Author :
Publisher : OUP Oxford
ISBN 13 : 9780199699582
Total Pages : 0 pages
Book Rating : 4.6/5 (995 download)

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Book Synopsis The Law of Proprietary Estoppel by : Ben McFarlane

Download or read book The Law of Proprietary Estoppel written by Ben McFarlane and published by OUP Oxford. This book was released on 2014-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This invaluable guide is the first comprehensive and practically structured resource on the doctrine of proprietary estoppel. It is presented in a user-friendly format to provide assistance in navigating complex case law on the doctrine.

Contracts

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Publisher :
ISBN 13 :
Total Pages : 500 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Contracts by : John D. Calamari

Download or read book Contracts written by John D. Calamari and published by . This book was released on 1990 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perspective, Mutual Assent; Offer and Acceptance; Consideration and its Equivalents; Legal Capacity; Proper Form (Writing) and Interpretation; Conditions, Performance and Breach; Defenses; Contract Remedies; Avoidance or Reformation for Misconduct or Mistake; Third-Party Beneficiaries; Assignment and Delegation.

Calculating Promises

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Publisher : Stanford University Press
ISBN 13 : 9780804768054
Total Pages : 268 pages
Book Rating : 4.7/5 (68 download)

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Book Synopsis Calculating Promises by : Roy Kreitner

Download or read book Calculating Promises written by Roy Kreitner and published by Stanford University Press. This book was released on 2006-12-08 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a history of American contract law around the turn of the twentieth century. It meticulously details shifts in our conception of contract by juxtaposing scholarly accounts of contract with case law, and shows how the cases exhibit conflicts for which scholarship offers just one of many possible answers. Breaking with conventional wisdom, the author argues that our current understanding of contract is not the outgrowth of gradual refinements of a centuries-old idea. Rather, contract as we now know it was shaped by a revolution in private law undertaken toward the end of the nineteenth century, when legal scholars established calculating promisors as the centerpiece of their notion of contract. The author maintains that the revolution in contract thinking is best understood in a frame of reference wider than the rules governing the formation and enforcement of contracts. That frame of reference is a cultural negotiation over the nature of the individual subject and the role of the individual in a society undergoing transformation. Areas of central concern include the enforceability of promises to make gifts; the relationship of contracts to speculation and gambling; and the problem of incomplete contracts.

Some Landmarks of Twentieth Century Contract Law

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Publisher : Oxford University Press
ISBN 13 : 9780199255757
Total Pages : 176 pages
Book Rating : 4.2/5 (557 download)

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Book Synopsis Some Landmarks of Twentieth Century Contract Law by : G. H. Treitel

Download or read book Some Landmarks of Twentieth Century Contract Law written by G. H. Treitel and published by Oxford University Press. This book was released on 2002 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Treitel covers the extent to which contracts can benefit or bind third parties, variation of contracts by subsequent agreement and the distinction between four contractual terms - warranties intermediate (or innominate) terms and fundamental terms.