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In English law, estoppel by representation of fact is a term coined by Spencer Bower. This species of estoppel is also referred to as "common law estoppel by representation" in Halsbury's Laws of England, vol 16(2), 2003 reissue. Spencer Bower defines estoppel by representation of fact as follows: [20]
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]
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.
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The doctrine of direct estoppel prevents a party to litigation from relitigating an issue that was decided against that party. [1] Direct estoppel and collateral estoppel are part of the larger doctrine of issue preclusion. [2] Issue preclusion means that a party cannot litigate the same issue in a subsequent action. [3]
Methods of the estoppel can be by words, by conduct, or by negligence. Estoppel by words, or representation by the original owner through words that he is the true owner or has the owner's authority to sell: Henderson & Co v Williams [1895] 1 QB 521; Shaw v Commissioner of Metropolitan Police [1987] 1 WLR 1332, following Henderson; Estoppel by ...
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.
A body of water open to all. Typically a synonym for International Waters, or in other legal parlance, the "High Seas". mea culpa: through my fault An acknowledgement of wrongdoing. / ˈ m eɪ. ə ˈ k u l. p ə / mens rea: guilty mind One of the requirements for a crime to be committed, the other being actus reus, the guilt act. This ...