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The Modern Law of Estoppel$
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Elizabeth Cooke

Print publication date: 2000

Print ISBN-13: 9780198262220

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780198262220.001.0001

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The Response to Estoppel

The Response to Estoppel

Chapter:
(p.118) 7 The Response to Estoppel
Source:
The Modern Law of Estoppel
Author(s):

ELIZABETH COOKE

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198262220.003.0007

Estoppel prevents the representor from denying, or going back on, what he said. This is subject to a number of points which arise from the interaction of estoppel with other areas of the law, in particular contract and property law and statutory provisions. In general, estoppel is not a cause of action, although it may support a cause of action by blocking a defence. Therefore, the courts will not give effect to representations taking the form of promises in a way that would be equivalent to enforcing promises without consideration. However, estoppel is a cause of action where the claimant seeks an interest in land. Estoppel is subject to special considerations where statutory provisions are involved. Subject to these points, the court meets, as closely as possible, the expectations of the person claiming the benefit of estoppel, but it has a discretion to frame a different response in special circumstances.

Keywords:   property law, contract law, court cases, cause of action, breach of contract, claims, property rights, representation

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