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Contractual estoppel / by Alexander Trukhtanov.
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Title:Contractual estoppel / by Alexander Trukhtanov.
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Author/Creator:Trukhtanov, Alexander, author.
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Published/Created:Abingdon, Oxon ; New York, NY : Informa Law from Routledge, 2018.
©2018
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: KD703.E7 T78 2018
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Estoppel--Great Britain.
Contracts--Great Britain.
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Description:xxxvi, 193 pages ; 26 cm
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Series:Lloyd's commercial law library.
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Notes:Includes bibliographical references and index.
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ISBN:9781138208537 hardcover
1138208531 hardcover
9781315458977 electronic book
1315458977 electronic book
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Contents:Machine generated contents note: ch. 1 Introductory Observations
underlying principle
Estoppel not odious
Whether estoppel bars the truth
Categories of estoppel
Estoppel outcomes
Estoppel is more than a rule of evidence
Estoppel is less than a cause of action
Estoppel has cumulative effect
Admission distinguished from estoppel
Contractual estoppel introduced
Contractual estoppel is a distinct category
Policy case for contractual estoppel
ch. 2 Contractual Estoppel: General Principle
Representation and promise
Promise of past facts
"Evidential estoppel"
Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd: first modern case
JP Morgan Chase Bank v Springwell Navigation Corporation: the leading authority
Prime Sight Ltd v Lavarello: independent endorsement of the principle
Contractual estoppel and stare decisis
Estoppel raised by contract without more
No requirement of inducement, reliance or detriment
No requirement of unconscionability
Truth or falsity of agreed statement irrelevant
Knowledge of falsity of agreed statement irrelevant
Contractual estoppel outcomes
Temporal effect
Future facts
Distinction from promise of future action
Form of statement is irrelevant
No special requirement of clarity for contractual estoppel
In substance statement must be agreement to accept stated fact or proposition as true
Contractual character of statement
Distinction from representation of fact
Characterisation of statement not part of written contract
Characterisation of statement that is part of written contract
Warranty confounded with representation
Distinction from promise of truth
"Basis of contract"
Contractual estoppel resolves a matter in issue between contracting parties
Contract between claimant and defendant
Agreed statement must address a matter in issue between the parties
Agreed statement must respond to substance of the issue
Contractual estoppel statements are not exclusion clauses
Contractual estoppel is not an exclusionary rule of evidence
Formulating the principle
ch. 3 Applications
Misrepresentation
Positive reliance
Knowledge
Duty of care
Fiduciary duties
Deeming clauses
Conclusive evidence clauses
Analogy with expert determination
Self-certification
Self-certification compared with contractual discretion
Insurance warranties
Account stated and account agreed
Recitals
Receipt clauses
Acknowledgment of debt
Whether equitable exception overrides contractual estoppel
Acknowledgment of title to or interest in property
Compromise agreements
Declaration of right
Damages
Contracts (Rights of Third Parties) Act 1999
Assignment
ch. 4 Entire Agreement And Non-Reliance Clauses
What is an entire agreement clause
Collateral warranty distinguished from collateral contract
Entire agreement clause subject to contrary intention
Entire agreement clause as an aid to construction
Entire agreement clause does not extend to representations
What is a non-reliance clause
Comparison of judicial treatment of the two types of clauses
Non-reliance clauses originally denied contractual effect
Non-reliance clauses as contractual terms
Composite clauses
Clause has to answer the cause of action
Whether entire agreement clause raises contractual estoppel
ch. 5 Limits
Contract is a prior requirement
Whether estoppel raised by contract can establish validity of that contract
Contractual estoppel raised by separate contract
Capacity to contract cannot be established by estoppel raised by the same contract
Whether unenforceable contract can raise estoppel
Whether agreement that raises estoppel can itself be contractual consideration
Total failure of consideration
Finding terms of the contract is a prior exercise
Contractual estoppel is no bar to implication of terms
Contractual estoppel is no bar to rectification
Mistake
Reverse estoppel
Whether signature raises contractual estoppel
Misrepresentation of content or effect of estoppel-raising term
problem of rescission for misrepresentation
problem of fraudulent misrepresentation
policy solution
Sham
Statutory prohibition and mandatory regulation
Public policy
Restraint of trade
ch. 6 Limits: Controls Over Exclusion Clauses
Check on freedom of contract
Whether clear words are necessary
Whether common law rule on exclusion of liability for negligence applies
Application to contractual estoppel provisions of statutory controls over exclusion of liability for misrepresentation and negligence
"Basis" or "exclusion"
Basis clauses not subject to controls
Basis clauses subject to controls: non-reliance clauses
Retrospective and prospective non-reliance clauses
Criticism of "rewriting history" test
Consumer protection
Outside consumer protection context
ch. 7 Contractual Estoppel In The Family Of Estoppels
Whether contractual estoppel is in truth an estoppel
Contract as juridical basis for estoppel
Contractual estoppel arises at law
Contractual estoppel rediscovered, not invented
Whether requirements of clarity and unambiguity apply to contractual estoppel
Distinction from estoppel by representation
Distinction from estoppel by convention
Prime Sight Ltd v Lavarello
Estoppel by deed founded on form alone
Consensual foundation for estoppel raised by contracts contained in deeds
Estoppel by contract and estoppel by deed aligned
Future of estoppel by deed.