Estoppel by Conduct and Election, 3rd Edition by Patrick A Keane | 2023


Estoppel by Conduct and Election, 3rd Edition by Patrick A Keane | 2023

Author Patrick A Keane
Publication Date June 2023
ISBN 9780414114005
Hard Cover 
Publisher Sweet & Maxwell


The third edition of Estoppel by Conduct and Election, originally authored by the Honourable K.R. Handley and now thoroughly revised by the Honourable Patrick Keane, offers a comprehensive exploration of estoppel within the realms of commercial transactions and property dealings. The book delves into the concept of election as it pertains to commercial dealings, providing an accessible yet in-depth discussion of fundamental principles. It also examines the specific contexts in which these principles have been applied and refined by the courts.

Designed with practicing lawyers who frequently advise on and litigate estoppel-related issues in mind, this book presents general principles along with real-world applications through reference to prominent judgments in the higher courts of the Commonwealth of Nations. In cases where there is ongoing controversy or uncertainty in the legal landscape, the book not only identifies these points of contention but also provides a detailed analysis of leading cases to shed light on the issues.

Key Features:

  • Encompasses four categories of estoppel: estoppel by representation, estoppel by convention, proprietary estoppel, and promissory estoppel, tracing their historical evolution.
  • Explores the various relationships in which estoppel issues commonly arise, such as principal and agent, landlord and tenant, bailor and bailee, licensee of intellectual property, and bank and customer.
  • Distinguishes between representation and promise, delves into causation, and examines the importance of distinguishing between knowledge of rights and knowledge of facts.
  • Examines how estoppel operates in practical terms within commercial transactions involving companies, insurance, and insolvency.
  • Explores the interplay between estoppel and statute law.
  • Investigates quasi-estoppel and equitable defenses, including the issue of consent to a breach of trust.
  • Addresses the practical aspects of pleading and litigation involving estoppel issues, offering guidance on employing estoppel as a defense against claims.

New to the third edition:

  • Substantial updates regarding proprietary estoppel concerning property matters involving family members, especially with regard to the requirement of reasonable reliance and the appropriate calculation of pecuniary relief in cases where preclusive effect cannot be given to the estoppel.
  • Significant updates relating to estoppel by convention and its connection to other forms of estoppel.
  • Comprehensive updates concerning the prerequisites for a binding election and the relationship and election.
  • In cases where controversial aspects of the law have been left open by the highest appellate courts, the book tracks the current direction of development by referencing recent decisions from intermediate appellate courts.

    Contents of Estoppel by Conduct and Election, 3rd Edition:

    1. Introduction
    2. Representations
    3. Communication
    4. Construction of representations
    5. Causation: Inducement, Change of Position and Detriment
    6. Parties to an Estoppel
    7. Estoppel by Deed
    8. Estoppel by Convention
    9. Estoppels in Relationships
    10. Estoppels in Transactions
    11. Proprietary Estoppel
    12. Quasi-Estoppel and Equitable Defences
    13. Promissory Estoppel
    14. Election
    15. Estoppels and Election in Proceedings
    16. Affirmative Answers
    17. Practice and Procedure

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    ISBN: 9780414114005

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