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The Hon Patrick Keane AC KC

Estoppel by Conduct and Election

Estoppel by Conduct and Election

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  • More about Estoppel by Conduct and Election


The book explores estoppel in commercial transactions and property dealings, discussing general principles and their application in various relationships.

Format: Hardback
Publication date: 23 June 2023
Publisher: Sweet & Maxwell Ltd


The book delves into the intricate realm of estoppel, exploring its application in the context of commercial transactions and property dealings. It also examines the concept of election, particularly in the context of business transactions. In doing so, it presents a comprehensive yet accessible exposition of general principles, encompassing a thoughtful discussion of the specific relationships in which these principles have been applied and developed by the courts
courts.

The author begins by providing a foundational overview of estoppel, defining it as a legal principle that prevents a party from asserting a claim or right that is inconsistent with their previous conduct or statements. This principle is particularly relevant in commercial settings, where parties may engage in complex negotiations and agreements.

The book then delves into the various aspects of estoppel, including the elements necessary for its application, the types of estoppel available, and the circumstances in which it may be invoked. It explores the role of estoppel in preventing fraud, misrepresentation, and undue the abuse of legal process, and how it can be used to protect the interests of both parties involved in a commercial transaction.

Furthermore, the book discusses the role of election in commercial dealings, particularly in the context of contracts and agreements. It examines the principles of offer and acceptance, consideration, and the legal consequences of failing to meet the terms of an offer or acceptance. It also explores the concept of revocation of an offer, the effects of revocation, and the remedies available to parties in the event of a breach of contract.

Throughout the book, the author employs a clear and concise writing style, making the complex concepts of estoppel and election accessible to a wide range of readers. They use real-world examples and case studies to illustrate the practical applications of these principles, helping readers to understand how they can be applied in their own business transactions and legal disputes.

In conclusion, the book is a valuable resource for anyone interested in learning more about estoppel and election in the context of commercial transactions and property dealings. It provides a comprehensive yet accessible exposition of general principles, encompassing a thoughtful discussion of the specific relationships in which these principles have been applied and developed by the courts. Whether you are a business professional, legal practitioner, or simply interested in understanding the intricacies of the legal system, this book is an essential read.


ISBN-13: 9780414114005
Edition number: 3 ed

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