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Estoppel In English Law
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. Estoppel could arise in a situation where a creditor informs a debtor that a debt is forgiven, but then later insists upon repayment. In a case such as this, the creditor may be ''estopped'' from relying on their legal right to repayment, as the creditor has represented that he no longer treats the debt as extant. A landlord may tell his tenant that he is not required to pay rent for a period of time ("you don't need to pay rent until the war is over"). Until the war is over, the landlord would be "estopped" from claiming rents during the war period. Estoppel is often important in insurance law, where some actions by the insurer or the agent estop the insurer from denying a claim. There are a huge array of different types of estoppel which c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Chancery Edited
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Taylor Fashions V Liverpool Victoria Trustees
''Taylor Fashions Ltd and Old & Campbell Ltd v Liverpool Victoria Trustees Co Ltd'' 979is a leading case in English land law on proprietary estoppel. Due to a common mistake and no element of enticement to believe that mistake, estoppel was not available on the facts. Facts The claimants were two companies, Taylor Fashions Ltd and Old & Campbell Ltd, who held leases on two business premises on Westover Road, Bournemouth. Both companies asked to have their leases renewed by their landlord, the Liverpool Victoria Trustees Co Ltd. All parties had assumed that the two leases were accompanied by a statutory right of renew when they came to an end. Based on this assumption, both of the claimant companies had spent money improving their premises. However, it transpired that Liverpool Victoria was under no legal obligation to renew. The claimants argued that Liverpool Victoria should be estopped from not renewing, based on their reliance. In response, Liverpool Victoria argued that es ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing military alliances: the Allies and the Axis powers. World War II was a total war that directly involved more than 100 million personnel from more than 30 countries. The major participants in the war threw their entire economic, industrial, and scientific capabilities behind the war effort, blurring the distinction between civilian and military resources. Aircraft played a major role in the conflict, enabling the strategic bombing of population centres and deploying the only two nuclear weapons ever used in war. World War II was by far the deadliest conflict in human history; it resulted in 70 to 85 million fatalities, mostly among civilians. Tens of millions died due to genocides (including the Holocaust), starvation, ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Central London Property Trust Ltd V High Trees House Ltd
''Central London Property Trust Ltd v High Trees House Ltd'' 947KB 130 is a famous English contract law decision in the High Court. It reaffirmed and extended the doctrine of promissory estoppel in contract law in England and Wales. However, the most significant part of the judgment is ''obiter dicta'' as it relates to hypothetical facts; that is, the landlord did ''not'' seek repayment of the full wartime rent. Denning J held estoppel to be applicable if Facts High Trees House Ltd leased a block of flats in Clapham, London from Central London Property Trust Ltd. The agreement was made in 1937 and specified an annual ground rent of £2,500. The outbreak of World War II in September 1939 led to a downturn in the rental market. High Trees struggled to find tenants for the property and approached Central London Property Trust in January 1940 to request that the rent be lowered. A reduction to £1,250 per year was agreed in writing, though the duration was not specified and no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tom Denning, Baron Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not conce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hughes V Metropolitan Railway Co
''Hughes v Metropolitan Railway Co'' 877is a House of Lords case considered unremarkable for many years until it was resurrected by Lord Denning in the case of ''Central London Property Trust Ltd v High Trees House Ltd'' in his development of the doctrine of promissory estoppel. The case was the first known instance of the concept of promissory estoppel. Facts Thomas Hughes owned property leased to the Railway Company at 216 Euston Road. Under the lease, Hughes was entitled to compel the tenant to repair the building within six months of notice. Notice was given on 22 October 1874 from which the tenants had until 22 April to finish the repairs. On 28 November, the tenant railway company sent a letter proposing that Hughes purchase the tenant's leasehold interest. Negotiations began but later broke down, at which point the landlord demanded the repair of the building from 6 months since the original notice. The tenant claimed he should have had 6 months from the time the n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consideration
Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. The court in ''Currie v Misa'' declared consideration to be a “Right, Interest, Profit, Benefit, or Forbearance, Detriment, Loss, Responsibility”. Thus, consideration is a promise of something of value given by a promissor in exchange for something of value given by a promisee; and typically the thing of value is goods, money, or an act. Forbearance to act, such as an adult promising to refrain from smoking, is enforceable if one is thereby surrendering a legal right. Consideration may be thought of as the concept of value offered and accepted by people or organisations entering into contracts. Anything of value promised by one party to the other when making a contract can be treated as "consideration": for example, if A contracts to buy a car from B for $5,000, A's c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard Scott, Baron Scott Of Foscote
Sir Richard Rashleigh Folliott Scott, Baron Scott of Foscote, (born 2 October 1934) is a British judge, who formerly held the office of Lord of Appeal in Ordinary. Early life The son of Lieutenant-Colonel C. W. F. and Katharine Scott, Scott was born on 2 October 1934 and educated at Michaelhouse School, Natal in South Africa. He then studied at the University of Cape Town, where he received a Bachelor of Arts degree in 1954, and Trinity College, Cambridge, where he received a B.A ( Law Tripos) in 1957 and a Blue in rugby. He then spent a year as Bigelow Fellow at the University of Chicago, where he met his future wife, Rima Elisa Ripoll, who is from Panama. Legal career Scott was called to the bar by the Inner Temple in 1959, becoming a Bencher in 1981. From 1960 to 1983, he practised at the Chancery Bar, and was appointed a Queen's Counsel in 1975. In 1980, Scott was appointed Attorney-General of the Duchy of Lancaster, a post he held until 1983. He was Vice-Chairman of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Muschinski V Dodds
''Muschinski v Dodds'',. was a significant Australian court case, decided by the High Court of Australia on 6 December 1985. The case was part of a trend of High Court decisions to impose a constructive trust where it would be unconscionable for a legal owner of property to deny the beneficial interests of another. In this case the Court held it would be unconscionable for Mr Dodds to retain a half share of the property without first accounting for the purchase price paid by Ms Muschinski. Background Facts Ms Muschinski and Mr Dodds were in a ''de facto relationship''. In 1976 they purchased a property in Picton as tenants in common, intending to develop and use the property. Ms Muschinski paid the purchase price while Mr Dodds was going to renovate the cottage and to pay for a kit house. The development did not go ahead and the couple separated. Prior actions Ms Muschinski commenced proceedings in the Supreme Court of NSW seeking a de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cobbe V Yeoman's Row Management Ltd
is a House of Lords case in English land law and relates to proprietary estoppel in the multi-property developer context. The court of final appeal awarded the project manager £150,000 on a quantum meruit basis for unjust enrichment because Yeoman's Row had received the benefit of his services without paying for that. The court refused to find or acknowledge a binding contract, prior arrangement with a third party or promise (such as would be necessary for proprietary estoppel or for a constructive trust), overturning a £2m award on the basis of a possible lien arising from a promise over the property. The court found a non-binding agreement in principle, entirely subject to the owner's final say to take into account for example their view of the market; this was the basis on the facts on which the parties were proceeding. Lord of Appeal in Ordinary, Lord Walker, with whom the other four Lords agreed adjudged that Cobbe "ran a commercial risk with his eyes open. This was com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jennings V Rice
''Jennings v Rice'' 2002) is an English land law case concerning proprietary estoppel. Facts Mr Jennings, a gardener and bricklayer, sued the administrators of his former employer, for a large house and furniture (worth £435,000) on the ground that he had been given an assurance he would get it. Jennings worked as gardener of Mrs Royle since 1970 and from the late 1980s had increasingly begun to care for her, doing washing (laundry), helping dressing, shopping, overnight security following a break-in and in going to the toilet. She was running out of money and could not continue to pay him. She told him he need not worry about that since “he would be alright” and with more doubt expressed by the court, as to the claimant's recollection of exact words, perhaps words to the effect that “this will all be yours one day”, if not the court deemed then similar promises. Royle (who lived at Lawn House, Shapwick, Somerset) died in August 1997, aged 93, without a will and withou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Walker, Baron Walker Of Gestingthorpe
Robert Walker, Baron Walker of Gestingthorpe , (born 17 March 1938) is an English barrister and former Justice of the Supreme Court of the United Kingdom. He also serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal. He sat in the House of Lords as a crossbencher until his retirement from the House on 17 March 2021. Early life and non-judicial career Born on 17 March 1938, the son of Ronald Robert Antony Walker by his wife Mary Helen, Walker was educated at Downside School and Trinity College, Cambridge from where he graduated in 1959 with a Bachelor of Arts degree in Classics and Law. He was called to the bar at Lincoln's Inn in 1960 and became a Queen's Counsel in 1982. In 2010 he was the Treasurer of Lincoln's Inn. He is an Honorary Fellow of Trinity College, Cambridge. Lord Walker of Gestingthorpe has served on the Honorary Editorial Board of the Warwick Student Law Review since its inception in 2010. Judicial career In 1994, Walker was appointed a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
