دانلود کتاب Spencer Bower: Reliance-Based Estoppel: The Law of Reliance-Based Estoppel and Related Doctrines

فهرست مطالب :

Spencer Bower: Reliance-Based Estoppel\n Foreword\n Preface to the fifth edition\n Preface to the first edition\n Memoir\n Contents\nTable of statutes\nTable of statutory instruments\nTable of cases\nPart I\n General Principles\n Chapter 1\n Introduction: definition and treatment\n Estoppel\n Reliance-based estoppel\n The modern doctrines: overlapping categories\n Historical development\n Estoppel by representation of fact deployable offensively and as a rule of law\n Theoretical basis and justification: unfair change of position\n Classifications rejected\n Unified doctrine\n Chapter 2\n Representations of fact; promises; representations of law; representations as to rights\n Introduction\n Significance\n Representation of law\n Constituent elements of a representation of fact\n Representation of fact distinguished\n Statements of law and as to rights\n Chapter 3\n Responsibility\n Introduction\n Representations\n Breach of duty to speak\n Estoppel by negligence\n Chapter 4\n Unequivocality and construction\n Introduction\n The representation must be unambiguous\n Thorner v Major\n Woodhouse AC Israel Cocoa Ltd SA v Nigerian Produce Marketing Ltd\n Unequivocality and reasonable understanding: conclusion\n Other issues: fraud, proprietary estoppel, conduct, silence\n Recent examples\n Construction\n Meaning of the representation: law or fact?\n Complex or qualified representations\n Chapter 5\n Inducement and reliance; the effect of estoppel as to a fact\n Introduction\n Inducement\n Intention of B to be responsible for reliance\n Materiality\n Change of position\n The consequences of estoppel as to a fact\n Questions of law and fact\n Chapter 6\n Parties to the estoppel\n Introduction\n Persons who may raise the estoppel\n Persons bound by the estoppel\n Chapter 7\n The defence of illegality\n Introduction\n General principles\n Formality\n Waiving the protection of a statute\n Ultra vires\n Other applications\n No estoppel as to jurisdiction\n Statutory duty and discretion\n Foreign law\n Chapter 8\n Estoppel by convention; estoppel by contract; estoppel by deed; estoppel as to title\n Estoppel by convention\n The effect of an estoppel by convention\n Further aspects of estoppel by convention\n Estoppel by contract\n Estoppel by deed\n Estoppel as to title\nPart II\n Particular Applications of Reliance-Based Estoppel\n CHAPTER 9\n Applications of reliance-based estoppel to various relationships\n Agency, partnership and ownership by estoppel\n Landlord and tenant\n Bailor and bailee\n Patentee and licensee\n Customer and banker\n Employers, trustees and members of occupational pension schemes\n Chapter 10\n Miscellaneous estoppels\n Companies\n Contracts of insurance\n Chapter 11\n Statutory estoppel\n Sale of goods\n Bills of exchange\n Bills of lading\n The Partnership Act 1890\nPart III\n Proprietary Estoppel, Election, Promissory Estoppel and Procedure\n Chapter 12\n Proprietary estoppel\n Introduction\n The evolution of proprietary estoppel\n Property\n Parties\n Raising the equity: the scope of the inquiry\n A\"s misapprehension\n A\"s change of position\n B\"s responsibility for A\"s change of position\n Unconscionability\n Defences\n The nature of the equity; third parties\n Satisfying the equity\n Overlap with other reliance-based estoppels\n Proprietary estoppel and constructive trusts\n Chapter 13\n Election\n Introduction\n Common law election\n Equitable election\n Chapter 14\n Promissory estoppel\n Introduction\n The elements of promissory estoppel\n The limitations of promissory estoppel\n Chapter 15\n Stating the case\n General principle\n The need to plead\n Consequences of failure\n Appeal\n Estoppel against amendment\nIndex