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Spencer Bower: Reliance-Based Estoppel - The Law of Reliance-Based Estoppel and Related Doctrines (Hardcover, 5th edition)
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Spencer Bower: Reliance-Based Estoppel - The Law of Reliance-Based Estoppel and Related Doctrines (Hardcover, 5th edition)
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Spencer Bower: Reliance-Based Estoppel, previously titled Estoppel
by Representation, is the highly regarded and long established
textbook on the doctrines of reliance-based estoppel, by which a
party is prevented from changing his position if he has induced
another to rely on it such that the other will suffer by that
change. Since the fourth edition in 2003 the House of Lords has
decided two proprietary estoppel cases, Cobbe v Yeoman's Row
Property Management Ltd and Thorner v Major, whose combined effect
is identified as helping to define a criterion for a reliance-based
estoppel founded on a representation, namely that the party
estopped actually intends the estoppel raiser to act in reliance on
the representation, or is reasonably understood to intend him so to
act. Other developments in the doctrine of proprietary estoppel
have required a complete revision of the related chapter, Chapter
12, in this edition. Thorner v Major confirms too the submission in
the fourth edition that unequivocality is a requirement for any
reliance-based estoppel founded on a representation. Other views
expressed in the fourth edition are also noted to have been upheld,
such as the recognition that an estoppel may be founded on a
representation of law (Briggs v Gleeds), that a party may preclude
itself from denying a proposition by contract as well as another's
reliance (Peekay Intermark Ltd v Australia and New Zealand Banking
Group Ltd and Springwell Navigation Corp v JP Morgan Chase Bank)
and that an estoppel by deed binds by agreement or declaration
under seal rather than by reason of reliance (Prime Sight Ltd v
Lavarello). With the adjustment reflected in the change of title,
and distinguishing the foundation of estoppels that bind by deed
and by contract, the editors adopt Spencer Bower's unificatory
project by the identification of the reliance-based estoppels as
aspects of a single principle preventing a change of position that
would be unfair by reason of responsibility for prejudicial
reliance. From this follow the views: that reliance-based estoppels
have common requirements of responsibility, causation and
prejudice; that estoppel by representation of fact is, like the
other reliance-based estoppels, a rule of law; that the result of
estoppel by representation of fact may, accordingly, be mitigated
on equitable grounds to avoid injustice; that the result of an
estoppel by convention depends on whether its subject matter is
factual, promissory or proprietary; that a reliance-based estoppel
(other than a proprietary estoppel, which uniquely generates a
cause of action) may be deployed to complete a cause of action
where, absent the estoppel, a cause of action would not lie, unless
it would unacceptably subvert a rule of law (in particular the
doctrine of consideration); that an estoppel as to a right in or
over property generates a discretionary remedy; and that the
prohibition on the deployment of a promissory estoppel as a sword
should be understood as an application of the defence of
illegality, viz that an estoppel may not unacceptably subvert a
statute or rule of law.
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