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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 Representation

The Representation

Chapter:
(p.70) 5 The Representation
Source:
The Modern Law of Estoppel
Author(s):

ELIZABETH COOKE

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198262220.003.0005

Estoppel is triggered by words, behaviour, or silence leading someone to believe in a state of affairs. A word that can be used as a shorthand for this is ‘representation’, which has a long association with estoppel. The rarity of representation in ordinary language makes it easier to use as a term of art. It has been argued that the notion of estoppel as dependent upon a representation (in the sense of a statement of fact), or upon a promise, must be abandoned. This chapter discusses different forms of representation, leading back to the traditional classification of estoppels by type of representation. The approach taken here is to consider generally how a court is to assess whether or not a representation has been made, looking where necessary at special considerations.

Keywords:   representation, statement of fact, court cases, estoppel by silence

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