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Author : L.K. Sharma
Publisher : Deep and Deep Publications
ISBN 13 : 9788171005840
Total Pages : 188 pages
Book Rating : 4.0/5 (58 download)
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:
Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)
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.
Author : Benjamin Franklin Boyer
Publisher :
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.:/5 (264 download)
Download or read book The Developing Doctrine of Promissory Estoppel written by Benjamin Franklin Boyer and published by . This book was released on 1941 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Sir William Reynell Anson
Publisher : Oxford University Press, USA
ISBN 13 : 0199593337
Total Pages : 850 pages
Book Rating : 4.1/5 (995 download)
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.
Author : Benjamin Franklin Boyer
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.:/5 (839 download)
Download or read book Promissory Estoppel written by Benjamin Franklin Boyer and published by . This book was released on 1950* with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ciaran Gallagher
Publisher : GRIN Verlag
ISBN 13 : 3668186383
Total Pages : 21 pages
Book Rating : 4.6/5 (681 download)
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.
Author : Jenny Walther
Publisher : GRIN Verlag
ISBN 13 : 3638370283
Total Pages : 14 pages
Book Rating : 4.6/5 (383 download)
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.
Author : Michael Barnes KC
Publisher : Bloomsbury Publishing
ISBN 13 : 1509909397
Total Pages : 981 pages
Book Rating : 4.5/5 (99 download)
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.
Author : D. Y. K. Fung
Publisher :
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.F/5 ( download)
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.
Author : Michael Barnes QC
Publisher : Bloomsbury Publishing
ISBN 13 : 1509909389
Total Pages : 981 pages
Book Rating : 4.5/5 (99 download)
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.
Author : Sean Wilken
Publisher : OUP Oxford
ISBN 13 : 0191631035
Total Pages : 536 pages
Book Rating : 4.1/5 (916 download)
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.
Author : K. R. Handley
Publisher :
ISBN 13 : 9780414028449
Total Pages : 356 pages
Book Rating : 4.0/5 (284 download)
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:
Author : John J. Chung
Publisher :
ISBN 13 :
Total Pages : 46 pages
Book Rating : 4.:/5 (129 download)
Download or read book Promissory Estoppel and the Protection of Interpersonal Trust written by John J. Chung and published by . This book was released on 2008 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the role of interpersonal trust in the doctrine of promissory estoppel and the extent to which the law should protect this trust when a promise is made. Should the law protect a promisee's trust in a promisor no matter what and no matter how untrustworthy the promisor may be? Or, should the law encourage promisees to exercise care before trusting a promisor? This article contends that the law should not engage in the maximum protection of interpersonal trust, but should instead concern itself with promoting and protecting an optimal level of trust. A promisee should not prevail simply because he or she trusted the promisor. Instead, the law should ask whether the trust was reasonable and whether it was appropriate. Those who engage in a reckless level of trust should not be protected. The question raised by this approach is how to determine the level of trust that should trigger judicial protection. This article proposes a modest solution. It attempts to establish the endpoints of the continuum along which interpersonal trust should be evaluated. At one end are the situations where trust should be entitled to maximum protection. Such cases include ones where the promisee is engaged in a transaction that he or she cannot avoid, where he or she has no control over the structure of the transaction, and where the promisee has no choice but to trust the promisor (or more accurately, trust the legal system to enforce the promise). Another type of case where trust should be protected includes cases where the parties have developed a long-standing, pre-existing relationship to the point where the promisee has developed a reasonable basis to trust that the promisor will act in a manner consistent with that relationship. At the opposite end are the situations where trust should not be protected, and, indeed, should be discouraged. Trust should not be protected if (1) the promisee could have determined that the promisor was untrustworthy at a low cost to the promisee, or (2) if the promisee could have avoided the harm resulting from a broken promise by taking preventive measures that cost less than the amount of the potential harm.
Author : John Skirving Ewart
Publisher : Cambridge, [Mass.] : Harvard University Press
ISBN 13 :
Total Pages : 338 pages
Book Rating : 4.F/5 ( download)
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:
Author : Piers Feltham
Publisher : Bloomsbury Publishing
ISBN 13 : 1784512141
Total Pages : 799 pages
Book Rating : 4.7/5 (845 download)
Download or read book Spencer Bower: Reliance-Based Estoppel written by Piers Feltham and published by Bloomsbury Publishing. This book was released on 2017-03-02 with total page 799 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spencer Bower: Reliance-Based Estoppel, previously titled Estoppel by Representation, is the highly regarded and long established textbook on the doctrines of reliance-based estoppel, by which a party is prevented from changing his position if he has induced another to rely on it such that the other will suffer by that change. Since the fourth edition in 2003 the House of Lords has decided two proprietary estoppel cases, Cobbe v Yeoman's Row Property Management Ltd and Thorner v Major, whose combined effect is identified as helping to define a criterion for a reliance-based estoppel founded on a representation, namely that the party estopped actually intends the estoppel raiser to act in reliance on the representation, or is reasonably understood to intend him so to act. Other developments in the doctrine of proprietary estoppel have required a complete revision of the related chapter, Chapter 12, in this edition. Thorner v Major confirms too the submission in the fourth edition that unequivocality is a requirement for any reliance-based estoppel founded on a representation. Other views expressed in the fourth edition are also noted to have been upheld, such as the recognition that an estoppel may be founded on a representation of law (Briggs v Gleeds), that a party may preclude itself from denying a proposition by contract as well as another's reliance (Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd and Springwell Navigation Corp v JP Morgan Chase Bank) and that an estoppel by deed binds by agreement or declaration under seal rather than by reason of reliance (Prime Sight Ltd v Lavarello). With the adjustment reflected in the change of title, and distinguishing the foundation of estoppels that bind by deed and by contract, the editors adopt Spencer Bower's unificatory project by the identification of the reliance-based estoppels as aspects of a single principle preventing a change of position that would be unfair by reason of responsibility for prejudicial reliance. From this follow the views: that reliance-based estoppels have common requirements of responsibility, causation and prejudice; that estoppel by representation of fact is, like the other reliance-based estoppels, a rule of law; that the result of estoppel by representation of fact may, accordingly, be mitigated on equitable grounds to avoid injustice; that the result of an estoppel by convention depends on whether its subject matter is factual, promissory or proprietary; that a reliance-based estoppel (other than a proprietary estoppel, which uniquely generates a cause of action) may be deployed to complete a cause of action where, absent the estoppel, a cause of action would not lie, unless it would unacceptably subvert a rule of law (in particular the doctrine of consideration); that an estoppel as to a right in or over property generates a discretionary remedy; and that the prohibition on the deployment of a promissory estoppel as a sword should be understood as an application of the defence of illegality, viz that an estoppel may not unacceptably subvert a statute or rule of law.
Author : John Cartwright
Publisher :
ISBN 13 : 9781847038029
Total Pages : 450 pages
Book Rating : 4.0/5 (38 download)
Download or read book Formation and Variation of Contract written by John Cartwright and published by . This book was released on 2011-10-01 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction. Part I: Contract Formalities. The role of formality. Specific formalities: substantive conditions of a binding contract. Specific formalities: evidence. A general formality: the deed Part II: The Doctrine Of Consideration. The historical and comparative context. Consideration as a condition of existence of the contract. Consideration in the variation and discharge of a contract Part III: Promissory Estoppel. The traditional role of promissory estoppel: variation of an existing obligation. The developing role of promissory estoppel: creation of a new obligation. Conclusions.
Author : Wan Izatul Asma Wan Talaat
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (969 download)
Download or read book The Boustead Case written by Wan Izatul Asma Wan Talaat and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
