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    Contractual estoppel / by Alexander Trukhtanov.

    • Title:Contractual estoppel / by Alexander Trukhtanov.
    •    
    • Author/Creator:Trukhtanov, Alexander, author.
    • Published/Created:Abingdon, Oxon ; New York, NY : Informa Law from Routledge, 2018.
      ©2018
    • Holdings

       
    • Library of Congress Subjects:Estoppel--Great Britain.
      Contracts--Great Britain.
    • Description:xxxvi, 193 pages ; 26 cm
    • Series:Lloyd's commercial law library.
    • Notes:Includes bibliographical references and index.
    • ISBN:9781138208537 hardcover
      1138208531 hardcover
      9781315458977 electronic book
      1315458977 electronic book
    • 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.
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