An Exposition of the Principles of Estoppel by Misrepresentation |
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Page 5
... equity , which says that not only , or indeed mainly , are the facts as they exist those which govern the relations of the par- ties , but those chiefly which the parties have assumed and agreed upon . Again , suppose that the owner of ...
... equity , which says that not only , or indeed mainly , are the facts as they exist those which govern the relations of the par- ties , but those chiefly which the parties have assumed and agreed upon . Again , suppose that the owner of ...
Page 7
... equity and justice of the individual case , by preventing the party from asserting his rights under a general technical rule of law when he has so conducted himself that it would be contrary to equity and good conscience for him to ...
... equity and justice of the individual case , by preventing the party from asserting his rights under a general technical rule of law when he has so conducted himself that it would be contrary to equity and good conscience for him to ...
Page 8
... equity doctrine of restitution has in- deed quite faded away , leaving estoppel in almost undisputed possession of the field . Mr. Justice Ashhurst's dictum is still much quoted , and perusal of a subsequent chapter1 will dem- onstrate ...
... equity doctrine of restitution has in- deed quite faded away , leaving estoppel in almost undisputed possession of the field . Mr. Justice Ashhurst's dictum is still much quoted , and perusal of a subsequent chapter1 will dem- onstrate ...
Page 9
... equity no doubt was less trammeled than its sister courts by traditions and " cakes of custom ; " but it may fairly be said that the dicta of Mr. Justice Ashhurst and Chief Justice Denman and Lord Ellenborough ' are the most notable ...
... equity no doubt was less trammeled than its sister courts by traditions and " cakes of custom ; " but it may fairly be said that the dicta of Mr. Justice Ashhurst and Chief Justice Denman and Lord Ellenborough ' are the most notable ...
Page 14
... equity 1L . 3 , c . 12 , § 567. And see Am . & Eng . Ency . ( 2d ed . ) , vol . 11 , p . 388 , n . 5 . 2 Low v . Bouverie ( 1891 ) , 3 Ch . 113 ; 60 L. J. Ch . 594. And see Kepp v . Wiggett ( 1850 ) , 10 C. B. 53 ; 20 L. J. C. P. 49 ...
... equity 1L . 3 , c . 12 , § 567. And see Am . & Eng . Ency . ( 2d ed . ) , vol . 11 , p . 388 , n . 5 . 2 Low v . Bouverie ( 1891 ) , 3 Ch . 113 ; 60 L. J. Ch . 594. And see Kepp v . Wiggett ( 1850 ) , 10 C. B. 53 ; 20 L. J. C. P. 49 ...
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Other editions - View all
An Exposition of the Principles of Estoppel by Misrepresentation John S 1849-1933 Ewart No preview available - 2015 |
An Exposition of the Principles of Estoppel by Misrepresentation John Skirving Ewart No preview available - 2018 |
Common terms and phrases
agent appearance apply assignment assisted misrepresentation authority Bank Bank of England Bigelow bill of lading certificate change of position chose in action conduct contract court of equity creditors damages debtor deeds defendant distinction doctrine documents of title duty equitable estate estopped from denying estopped from setting estoppel by carelessness estoppel-asserter estoppel-denier existence fact faith forgery fraud fraudulent ground hand held holder indorsement innocent purchaser intended L. J. Ch L. J. Ex law merchant law of estoppel legal estate legal title liable Lord Lord Cranworth Lord Herschell merchant merely misled misrepre mortgagee mortgagor negligence negotiable negotiable instruments ostensible agency ostensible owner ostensible ownership party plaintiff possession principles of estoppel priority privies privity purchaser for value question reasonably consequent reference representation rule sell sentation shares subsequent Suppose third person tion toppel transaction transfer true owner trustee value without notice vendor words
Popular passages
Page 382 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 8 - The rule of law is clear, that where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things, as existing at the, same time...
Page 100 - Negligence,' has been defined to be 'the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something, which a prudent and reasonable man would not do.
Page 361 - ... the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer...
Page 300 - All goods being at the commencement of the bankruptcy, in the possession, order or disposition of the bankrupt, in his trade or business, by the consent and permission of the true owner, under such circumstances that he is the reputed owner thereof...
Page 224 - First, in order to sustain an action of deceit there must be proof of fraud, and nothing short of that will suffice. Secondly, fraud is proved when it is shown that a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false.
Page 368 - ... shall be deemed to be the true owner thereof, so far as to give validity to any contract made by such agent with any other person, for the sale or disposition of the whole or any part of such merchandise...
Page 491 - where a principal has, by his voluntary act, placed an agent in such a situation that a person of ordinary prudence, conversant with business usages and the nature of the particular business, is justified in presuming that...
Page 316 - ... notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not been in fact laden on board: Provided, that the master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper or of the holder, or some person under whom...
Page 516 - ... person so giving credit by or with the knowledge of the apparent partner making the representation or consenting to its being made : (a) When a partnership liability results, he is liable as though he were an actual member of the partnership.