Estoppel contracts
To help develop this article, click 'Edit this article' above.
In very broad terms, 'estoppel' prevents a party from asserting a claim or right that contradicts something they have previously said or done, or something that has been legally established to be true.
The courts have held that in the absence of the essentials of a contract (namely; two or more parties, an intention to create legal relations, an agreement and consideration), a contract could still come into existence between parties if they have so conducted themselves as to a common assumption, in fact or law, that there is a contract and that it would be wrong or unreasonable for the parties thereafter to deny the existence of such a contract.
Estoppel contracts have received a mixed reception from the courts, finding favour in G. Percy Trentham v Architral Luxfer, and in Mitsui Babock Energy Ltd v John Brown Engineering Ltd, but being rejected in J. Murphy & Sons Ltd v ABB Daimler Benz.
[edit] Find out more
Related articles on Designing Buildings Wiki:
Featured articles and news
Grouting refers to the injection of materials into a soil or rock formation to change its physical characteristics.
Part of Designing Buildings Wiki, BREEAM Wiki will advance knowledge sharing for the BRE family of sustainability tools.
Iron, glass and wood underfoot
From the decorative to the utilitarian, and from the photographed to the forgotten.
New BRE book considers the progression from project-based knowledge creation to whole-life urban knowledge management.
This CIOB article explores the concept of value in building design and construction.
BREEAM and Measurabl announce integration to improve the financial performance of commercial real estate.
Rogers Stirk Harbour + Partners' release new images of soon-to-open 3WTC tower in New York.
A document can be called a bond or a guarantee. Does the name matter and what is the difference between them?
New briefing note is launched focusing on increasing knowledge of housing that promotes health and wellbeing.
Arbitration is a private, contractual form of dispute resolution used in the construction industry.
The European Parliament has approved a revised Energy Performance of Buildings directive.
One in six MPs supports the ring-fencing of retentions as proposed in the 'Aldous Bill'.