Estoppel

Description

Estoppel is understood at a basic level by many lawyers, but this set of legal doctrines is highly complex and filled with such confusing terminology, such that it poses a challenge for both practitioners and scholars alike. This is the first Canadian text book that clarifies the subject matter from a Canadian legal standpoint, and deals with its complexity and subtleties in a manner that’s easily understood. Written by a veteran University of British Columbia law professor, this book pulls together various aspects of estoppel into one place, saving readers valuable research time, while educating them on the rules and principles of estoppel in a clear and organized manner.

Book Features

• Contains useful reference charts to clarify terminological issues, and to categorize the five areas of estoppel:

• Estoppel by deed
• Estoppel by convention
• Estoppel by representation
• Promissory estoppel
• Proprietary estoppel

Discusses quasi-estoppel issues: election and abandonment Examines the role of equity (and to a lesser extent, the common law) in estoppel Addresses the connection of estoppel with the doctrine of legitimate expectations Explores the question about when and how the Crown or third parties (including parties such as agents, successors in title, liquidators) can be bound by, or can raise, estoppel

Why Should You Read This Book?

• It elucidates this complex and nuanced area of law, which is of fundamental importance for developing legal arguments using the doctrines of estoppel
• Understanding the potential ramifications of estoppel provides more options for advising clients on possible litigation avenues and judicial outcomes
• It distills estoppel precedents and rules into their essentials, while providing depth and breadth of comprehension and saving valuable research time
• It contributes to a more engaged discussion of estoppel by scholars, lawyers and judges

Who Should Read This Book?

• Lawyers – learn how to use estoppel to advance or defend your legal case. Helps you create legal options that will help your client
• Legal academics and law professors – this book represents the Canadian authority on the doctrines of estoppel, as applied in Canadian courts
• Judges – this books serves as a comprehensive reference source on the doctrines of estoppel, and can be used to determine whether courtroom litigants have applied the doctrines in a correct manner

Table of Contents

Cases Cited
Statutes Cited
I. Overview
II. Estoppel by Deed
III. Estoppel by Convention
IV. Estoppel by Representation
V. Promissory Estoppel
VI. Proprietary Estoppel
VII. Election
VIII. Abandonment


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