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Estoppel by representation of fact and promissory estoppel are mutually exclusive: the former is based on a representation of existing fact (or of mixed fact and law), while the latter is based on a promise not to enforce some pre-existing right (i.e. it expresses an intention as to the future).
Based upon recent case pronouncements by both New York’s highest court and federal courts, the doctrine of promissory estoppel should be invoked with selectivity, particularly when used to ...
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.
Proprietary estoppel is a legal claim, especially connected to English land law, which may arise in relation to rights to use the property of the owner, and may even be effective in connection with disputed transfers of ownership. Proprietary estoppel transfers rights if
An Appellate Division, First Department panel rejected the reliance-based argument of promissory estoppel by the plaintiff, indicating that he would not suffer an unfair injury if the statute of ...
Promissory estoppel 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 .
Perhaps the first owner of your house granted your neighbor access to a dock on your property in perpetuity, or the city has retained an easement to access power lines that run across the back ...
Combe v Combe [1951] 2 KB 215 is a famous English contract law case on promissory estoppel. An ex-wife tried to take advantage of the principle that had been reintroduced in the High Trees case to enforce her husband's promise to give her maintenance. The Court held that promissory estoppel could not be applied.