| 单词 | estoppel |
| 释义 | estoppel • Estoppel by conduct (or in pais) arises when the party estopped has made a statement or has led the other party to believe in a certain fact. • Estoppel by deed prevents a person who has executed a deed from saying that the facts stated in the deed are not true. • Estoppel by record (or per rem judicatam) prevents a person from reopening questions that are res judicata (i.e. that have been adjudicated upon by a court of competent jurisdiction). See also issue estoppel. There are two forms of equitable estoppel—promissory and proprietary. The doctrine of promissory estoppel applies when one party to a contract promises the other (by words or conduct) that he will not enforce his rights under the contract in whole or in part. Provided that the other party has acted in reliance on that promise, it will, though unsupported by consideration, bind the person making it: he will not be allowed subsequently to sue on the contract. When applicable, the doctrine thus modifies the common-law rules relating to accord and satisfaction. Under the doctrine of proprietary estoppel, the courts can grant a discretionary remedy to a claimant who has acted to his detriment upon a promise or representation that has been made to him by the owner of property. The remedy awarded is “the minimum equity to do justice” (Crabb v Arun District Council [1976] Ch 179) and should be proportional to the detriment incurred (Jennings v Rice [2002] EWCA Civ 159, [2003] 1 FCR 501; Ottey v Grundy [2003] EWCA Civ 1176 [2003], WTLR 1253). The remedy may be the entire fee simple in a property (Pascoe v Turner [1979] 1 WLR 431 (CA)); a life interest (Greasley v Cooke [1980] 1 WLR 1306 (CA)); or monetary compensation (Baker v Baker (1993) 25 HLR 408 (CA)). |
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