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Estoppel forms part of the rules of equity, which were originally administered in the Chancery courts. Estoppel in English law is a doctrine that may be used in certain situations to prevent a person from relying upon certain rights, or upon a set of facts (e.g. words said or actions performed) which is different from an earlier set of facts.
It is debatable whether estoppel by convention is a separate estoppel doctrine, or merely a case of reliance-based estoppel (estoppel by representation would be its most frequent form), or of the rule of interpretation that, where words in a contract are ambiguous, one always interprets those words so as to give effect to the actual intentions ...
However, Justices Deane and Dawson came to this conclusion under the doctrine of estoppel, which provides that a defendant can not contradict a previous representation or promise made that has established an assumed state of legal affairs. [1] This case is most frequently referred to in relation to its influence on the doctrine of estoppel. [3]
Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that, "once a court has decided an issue of fact or law necessary to its judgment, that decision ... preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case". [1]
In Canada, the rule is established in R. v. Handy, 164 CCC (3d) 481, 2 SCR 908 (2002): . Evidence of prior bad acts by the accused will be admissible if the prosecution satisfies the judge on a balance of probabilities that, in the context of the particular case, the probative value of the evidence in relation to a specific issue outweighs its potential prejudice and thereby justifies its ...
Tamanaha, Brian [Z.] (December 2012), "The History and Elements of the Rule of Law", Singapore Journal of Legal Studies: 232– 247, SSRN 2255262. Thio, Li-ann (December 2012), "Between Apology and Apogee, Autochthony: The 'Rule of Law' Beyond the Rules of Law in Singapore", Singapore Journal of Legal Studies: 269– 297, SSRN 2255266.
Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130, commonly called High Trees, is a leading opinion in the High Court relating to contract law.It reaffirmed and extended the doctrine of promissory estoppel in the contract law of England and Wales.
The original owner can obtain protection against the former owner through the doctrine of estoppel (see also, s 21(1) of the Sale of Goods Act 1979 "unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell"). Methods of the estoppel can be by words, by conduct, or by negligence.