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An Exposition of the Principles of Estoppel by Misrepresentation

An Exposition of the Principles of Estoppel by Misrepresentation


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About the Book

General Books publication date: 2009 Original publication date: 1900 Original Publisher: Carswell Subjects: Estoppel Law / General Law / Civil Procedure Law / Evidence Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: THE LAW OF ESTOPPEL MISREPRE SENT AT1ON. CHAPTER I. INTRODUCTION. Lord Coke divides estoppel into (1) Estoppel by record; (2) Estoppel by writing (or deed); and (3) Estoppel in pais (Estoppel by matter in the country). We have the same subdivisions to-day, but the third class has very largely changed its character and ought to change its name.1 Of it Lord Coke said:2 "By matter in pais, as by liverie, by entry, by acceptance of rent, and by acceptance of an estate, as here in the case that Littleton putteth; whereof Littleton maketh a speciall observation, that a man shall be estopped by matter in the countrey without any writing." Such estoppels are now said to be obsolete,2 but that is not quite the fact. It may be that livery of seizin is out of date; that estoppel will now but seldom arise "by entry;" and that "acceptance of an estate" will more frequently operate as an election or a waiver than as an estoppel. Nevertheless it may not only be said that "acceptance of rent" as an estoppel is still familiar to us, but that the principle of estoppel which underlies all of Lord Coke's instances is of ever-growing importance. For they may all be included under Mr. Bigelow's t1tle "Estoppel by Contract," which embraces " All cases in which there is an actual, or virtual, undertaking to treat a fact as settled, so that it must stand specifically as agreed."4 1 The phrase "estoppel in pa(V has because they were less allied to yet the . value of marking off estop- either of the other two categories...


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Product Details
  • ISBN-13: 9781150204777
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 152 mm
  • No of Pages: 484
  • Spine Width: 27 mm
  • Width: 229 mm
  • ISBN-10: 115020477X
  • Publisher Date: 17 Dec 2009
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 703 gr


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