Estoppel contracts
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] Related articles on Designing Buildings Wiki:
Featured articles and news
Walter Segal: self-built architect
A definitive book on a pioneer of green architecture.
Funding for heritage on the high street
Using heritage as a catalyst for reviving historic centres.
Commonwealth Heads of Government Meeting update.
Declaration prioritising sustainable urbanisation adopted.
A small hidden, often distant but key building component.
Some brief words about the actuator.
CIAT Chief Executive steps down.
After 34 years at the Institute.
Volunteer opportunity launched by the ICE
To support the next generation of engineers.
Provisional findings show illegal cartels in the industry.
CIAT reporting from the Competition and Markets Authority.
Making sustainable construction number one priority.
The future of construction report.
Interview with ECA CEO.
Many provisions came into force on June 28, 2022.
With room to expand.
An information packed session at the BSRIA conference.
Refurbishment, Energy Efficiency, Indoor air and process.
Considering building acoustics with the AT Journal.
Why building acoustic considerations must be non-negotiable.
Create a profile, write informed product articles and share.
Aluminium Composite Panels (ACP) is one example.
Top 50 Women in engineering 2022.
Inventors and innovators at ICE.
Life, death and art at the Stuart court. Book review.
Real estate, place adaptation and innovation.
Review and comment on the revised draft before July 11.
We are indeed now 10 years old, so go on and be bold !
Write about something you know, help us build and grow !
IHBC's 25th anniversary 2022 Aberdeen School.
A blended event and triumphant return.
New Construction Leadership Council Co-Chair selected.
Mark Reynolds succeeds Andy Mitchell as Co-Chair of CLC
Designing Buildings is 10 years old.
Types of work to existing buildings.
From alteration to deconstruction on DB.