The Modern Law of Estoppel
Elizabeth Cooke
Abstract
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. It might also be called 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 law, 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 ... More
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. It might also be called 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 law, 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. This book explores, explains, and criticises the law of estoppel; presents a logical structure for it; and in particular analyses the concept of ‘unconscionability’, which is now seen as a basis for the law.
Keywords:
estoppel,
law of consistency,
land law,
contract law,
family law,
family property,
law of restitution,
unconscionability,
representation
Bibliographic Information
| Print publication date: 2000 |
Print ISBN-13: 9780198262220 |
| Published to Oxford Scholarship Online: January 2010 |
DOI:10.1093/acprof:oso/9780198262220.001.0001 |