Synonymer & Information om | Engelska ordet ESTOPPEL
ESTOPPEL
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Exempel på hur man kan använda ESTOPPEL i en mening
- Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue.
- Modern contract theory has also permitted remedies on alternative theories such as promissory estoppel.
- This is sometimes termed "agency by estoppel" or the "doctrine of holding out", where the principal will be estopped from denying the grant of authority if third parties have changed their positions to their detriment in reliance on the representations made.
- Unfortunately, the bigger issue of source disclosure gets even more confusing, since the Cohen and Branzburg decisions could allow for the possibility of a journalist being subpoenaed by a court to disclose the name of a source, and being sued by a source under promissory estoppel laws for that disclosure.
- Collier v P & MJ Wright (Holdings) Ltd - English contract law concerning the doctrine of consideration and promissory estoppel in relation to "alteration promises".
- Being obiter dicta and in a court of first instance this was doubly not a binding precedent, yet it essentially created the doctrine of promissory estoppel.
- Combe v Combe (1952), elaborating stance on promissory estoppel, calling it a "shield", not a "sword".
- A party who has detrimentally relied on an offer that is revoked prior to acceptance may assert promissory estoppel to recover damages.
- While rooted in warranty deeds, estoppel by deed has been extended to affect quitclaim deeds if the deed represents that the grantor actually had title.
- Loan words and phrases from other languages: In English, this includes terms derived from French (estoppel, laches, and voir dire) and Latin (certiorari, habeas corpus, prima facie, inter alia, mens rea, sub judice) and are not italicized as English legal language, as would be foreign words in mainstream English writing.
- Estoppel: A party may be prevented from avoiding his or her contractual obligations under the doctrine of estoppel, where there are notions of unconscionability, despite the illegality.
- Steyn suggested that Pepper v Hart was limited to "an estoppel argument", and Hansards use in court should "be confined to the admission against the executive of categorical assurances given by ministers to Parliament"; essentially, that Hansard should only be used if the purpose is to establish that ministers made certain assurances to Parliament, with the intent being to prevent the executive going back on its promises.
- Direct estoppel also prevents untried claims dismissed on pre-trial motions from being litigated in an appeal.
- It has been complained that the Court decided this question without adequate briefing, the requirement of pursuing compensation from the state is not logically inherent in the text of the Fifth Amendment, the rule derives from procedural due process considerations that are inapplicable to takings claims, and that principles of res judicata and collateral estoppel may bar a plaintiff's claim from federal court after complying with Williamson County's procedures to "ripen" the claim.
- Legal estoppel is a principle of law, particularly United States patent law, that an assignor or grantor is not permitted subsequently to deny the validity of title to the subject matter of the assignment or grant.
- In the appeal, Weitzenhoff and Mariani also challenged the exclusion of certain evidence at trial, entrapment by estoppel, prosecutorial misconduct, and a prolonged sentence imposed on Mariani for perjuring himself when he testified at trial.
- Etherton J found on proprietary estoppel in Mr Cobbe's favour, and awarded £2m, equal to half of the increase in value of Yeoman Row's freehold caused by the grant in the planning permission.
- Hand held that an offeror was free to revoke the offer prior to acceptance; twenty-five years later, when the doctrine of promissory estoppel had found wider acceptance, Traynor held that the offer was irrevocable once the offeree had relied upon it.
- When a copyright owner engages in intentionally-misleading representations on his abstention from suit and the alleged infringer detrimentally relies on the copyright owner's deception, the doctrine of estoppel may bar the copyright owner’s claims completely, eliminating all potential remedies.
- The Third Circuit said that it found collateral estoppel inapplicable because the judgment in the Government was not dependent upon the determination that anticompetitive injury to the dealers such as the plaintiffs was essential to the prior determination that Dentsply had committed an antitrust violation.
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