| 单词 | Estoppel |
| 释义 | 不容反悔 The doctrine designed to protect a party from the detriment which would flow from that party’s change of position if the assumption or expectation that led to it were to be rendered groundless by another: The Oriental Fire & General Insurance Co Ltd v Cheuk Ma Yee [1980] HKC 32, [1981] HKLR 41 (CA). It is now widely accepted that the doctrine of estoppel consists of estoppel by record, estoppel by deed and estoppel in pais. Examples of estoppel include where a party is not allowed to say that a certain statement of fact is untrue, whether in reality it is true or not; a disability whereby a party is precluded from alleging or proving in legal proceedings that a fact is otherwise than it has been made to appear by the matter giving rise to that disability: Halsbury’s Laws of Hong Kong, Vol 11, Estoppel [170.001]; Bestkey Development Ltd v Incorporated Owners of Fine Mansion & Anor [1999] 3 HKC 275 (CA); H v H [1928] P 206. See also Common law estoppel; Contract; Detriment; Estoppel by convention; Estoppel by deed; Estoppel by representation; Estoppel in pais; Issue estoppel; Promissory estoppel; Proprietary estoppel; Reliance. |
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