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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 civil litigation 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.
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
Benefits
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
What's New in this Edition?
Significant discussion of the 2017 Supreme Court of Canada decision in Cowper-Smith v. Morgan that has clarified various matters to do with proprietary estoppel, including its pre-requisites, its effect and its ability to comprehend future property.
Expanded coverage of various matters including: the meaning of a "cause of action", the role and meaning of "equity", the availability of estoppel to third parties, the nature of a "duty" to correct errors, the role and responsibility of agents when there are inaccuracies, the effect of entire contract clauses and the construction of contracts.
The book also expands the treatment of the availability of estoppel in statutory and governmental contexts and how and when there can be appeals of estoppel decisions.
Where there have been significant developments in English and Quebec law, those developments are also included.
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 book 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
