The Principles of Estoppel

The Principles of Estoppel

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ...of his retirement. But B. must not only believe that the facts are as A. has represented them to be: he must, in taking action, rely upon their 1being as represented. It will not do if, though he believe the facts, he act in spite of them. Thus, in Howard v. Huds0n( pp), the question was whether the defendant was estopped from denying that he had an original warrant; he had acted as if he had it, led the plaintiff to believe that he had it, and the plaintiff, so believing, had made two applications to the Court for his discharge from prison. The ground of these applications, however, was that the warrant was not a suflicient authority for his discharge. It was held that the defendant was not estopped from showing that he had not the warrant. " It is clear," said Erle, J., " that he did not make these applications in consequence of believing that the defendant had the warrant, but notwithstanding that he believed that representation." It is essential, too, it will be noticed, that the belief in B.'s mind must have been produced by the (pp) 2 E. &. B. 1. It is possible to act in reliance upon facts, although the facts are not an inducement to act. conduct of A. It follows, therefore, that if B. be ignorant of the misleading conduct of A. it cannot be that the belief was so produced, and so there can be no estoppel. Thus, in Miles v. M 'llwmith (q), the admission which it was desired to exact from the defendant was that he had authorized a charterparty to be entered into, on his behalf, with the Colonial Government, of a ship in which he held shares. The defendant had, in fact, expressly forbidden his agents to enter into any such charterparty on his behalf, but the conduct of his relied upon, as the...
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Product details

  • Paperback | 34 pages
  • 189 x 246 x 2mm | 82g
  • United States
  • English
  • black & white illustrations
  • 1236744470
  • 9781236744470