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Chapter

Cover Land Law

8. Proprietary Estoppel  

This chapter explores the doctrine of proprietary estoppel—a means by which a person may acquire a proprietary interest in another’s land. If made out, a claim to proprietary estoppel allows for the informal creation and acquisition of rights in land. Rather than just being raised as a defence against legal claims (as is the case, for example, in promissory estoppel), it is this that sets proprietary estoppel apart and represents its major point of distinction from other estoppels. This chapter considers the requirements for establishing an estoppel claim and the effect of an estoppel on third parties. With a bounty of case law—new decisions seemingly handed down almost monthly—proprietary estoppel is having its moment in the sun and remains one of the liveliest and most productive areas of land law today.

Chapter

Cover Essential Cases: Contract Law

With v O’Flanagan [1936] Ch 575  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in With v O’Flanagan [1936] Ch 575. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

With v O’Flanagan [1936] Ch 575  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in With v O’Flanagan [1936] Ch 575. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Brownlie's Principles of Public International Law

18. Unilateral acts, acquiescence, and estoppel  

This chapter discusses the concepts of unilateral acts, acquiescence, and estoppel, and the relation between the three. All three are rooted in the principle of good faith, but unilateral acts are in their essence statements or representations intended to be binding and publicly manifested as such, whereas acquiescence and estoppel are more general categories, consisting of statements or representations not intended as binding nor amounting to a promise, whose binding force depends on the circumstances.

Chapter

Cover Street on Torts

14. False representations  

This chapter examines the protection provided by tort law against false representations which cause the claimant to suffer some kind of financial loss (which is why they frequently are seen as falling within the category of economic torts). The chapter discusses the principal elements of three different types of false representation case, these being: deceit (based on an inducement by the defendant that the claimant rely on the statement even though the defendant was at least reckless as to its truth), passing off (based on deception of the claimant’s customers), and malicious falsehood (usually based on disparagement of the claimant’s goods).

Chapter

Cover Complete Equity and Trusts

5. Proprietary estoppel  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter on proprietary estoppel discusses the following: the principle of estoppels; the key elements of proprietary estoppel; the importance of the principle of unconscionability; the need for a clear representation or acquiescence; the different types of detriment; the flexibility of an equitable remedy; and the similarities and differences between a proprietary estoppel and a constructive trust. Estoppel seems to offer an exception to the normal rules of legal formality—ie transactions involving land require writing—and so provides a classic example of equity moderating the harshness of the law.

Chapter

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

15. Fraud  

This chapter examines the offence of fraud. It is a statutory offence that can be committed in one of three ways: by making a false representation; by failing to disclose information; and by abuse of position. Each has a different actus reus and mens rea, but for the most part liability turns on whether D was dishonest. The chapter also considers the related offences of obtaining services dishonestly, possession of articles for fraud, and making or supplying articles for use in frauds.

Chapter

Cover Concentrate Questions and Answers Equity and Trusts

11. Equitable Estoppel  

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers, and author commentary. This book offers advice on what to expect in exams and how best to prepare. This chapter covers questions on equitable estoppel.

Chapter

Cover Criminal Law

9. Fraud  

This chapter begins with a discussion of the law on fraud, covering fraud by false representation; fraud by failing to disclose information; fraud by abuse of position; fraud and possession offences; obtaining services dishonestly; conspiracy to defraud; and making off without payment. The offence of fraud can be committed where the defendant dishonestly makes a false representation intending to make a gain for themselves or a loss to another. The defendant is only guilty if they know that the statement is, or might be, untrue or misleading. Fraud is also committed where the defendant dishonestly fails to disclose information which they are under a duty to disclose, intending to make a gain for themselves or cause a loss to another. A third way of committing fraud is where the defendant misuses a position of trust in a dishonest way to make a gain or cause a loss. The second part of the chapter focuses on the theory of fraud, covering the extent and nature of fraud, and the Fraud Act 2006.

Chapter

Cover Smith, Hogan and Ormerod's Essentials of Criminal Law

10. Fraud  

David Ormerod and John Child

This chapter deals with fraud, an offence under section 1 of the Fraud Act 2006 (FA 2006). It first discusses the central fraud offence, which can be committed by false representation, failure to disclose information, and/or abuse of position. The chapter then moves to consider related offences of obtaining services dishonestly and possession of articles for use in frauds, along with other fraud and deception offences. Finally, the chapter outlines potential options for legal reform concerning the drafting of FA 2006, fraud and the irrelevance of results, and distinguishing theft and fraud; as well as the potential application of fraud offences within a problem question. Relevant cases are highlighted throughout, with brief summaries of the main facts and judgments.

Chapter

Cover European Union Law

26. EU external action  

Geert De Baere

This chapter examines the law of EU external action. It explores the complex division of competences between the Member States and the Union and between the different institutions of the Union in the field of external action. The chapter also examines the applicable decision-making procedures, including the procedure for concluding international agreements, and explores the Union’s composite system of external representation, illustrating the intricacies involved by looking more closely at EU external environmental policy. Furthermore, the chapter explores how the Union manages the vertical (between the Union and the Member States) and horizontal (between the different institutions and policy fields of the EU) division of its external competences.

Chapter

Cover European Union Law

23. EU external action  

Geert De Baere

This chapter examines the EU law on external relations. It explores the complex division of competences between the Member States and the Union, and between the different institutions of the Union in the field of external action; the applicable decision-making procedures, including the procedure for concluding international agreements; the Union’s composite system of external representation; and how the Union manages the vertical (between the Union and the Member States) and horizontal (between the different Institutions and policy fields of the EU) division of its external competences.

Chapter

Cover Smith, Hogan, and Ormerod's Essentials of Criminal Law

10. Fraud  

This chapter deals with fraud, an offence under section 1 of the Fraud Act 2006 (FA 2006). It first discusses the central fraud offence, which can be committed by false representation, failure to disclose information, and/or abuse of position. The chapter then moves to consider related offences of obtaining services dishonestly and possession of articles for use in frauds, along with other fraud and deception offences. Finally, the chapter outlines potential options for legal reform concerning the drafting of FA 2006, fraud and the irrelevance of results, and distinguishing theft and fraud; as well as the potential application of fraud offences within a problem question. Relevant cases are highlighted throughout, with brief summaries of the main facts and judgments.

Chapter

Cover Intellectual Property Law

36. Subject Matter  

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter discusses three requirements that a sign must satisfy to be validly registered or, if it is already registered, to ensure that it is not subsequently declared invalid: there is a sign; the sign can be represented adequately; and the sign must be capable of distinguishing the goods or services of one undertaking from those of other undertakings. The chapter also considers specific policy-based limits on the registration of shapes or other characteristics of products, in the form of three ‘functionality’ exclusions. It also briefly outlines certification and collective marks.

Chapter

Cover Essential Cases: Contract Law

Bisset v Wilkinson [1927] AC 177  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bisset v Wilkinson [1927] AC 177, Privy Council. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Bisset v Wilkinson [1927] AC 177  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bisset v Wilkinson [1927] AC 177, Privy Council. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Spice Girls Ltd v Aprilia World Service [2002] EWCA Civ 15  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Spice Girls Ltd v Aprilia World Service [2002] EWCA Civ 15. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover The Oxford Textbook on Criminology

6. Crime and the media  

This chapter focuses on research into various forms of media and their long, complex relationships with crime. In today’s increasingly multi-media world, most people can access crime-related information and stories through a wide variety of media and can publish and distribute their own views and accounts, if they choose. The chapter first outlines some of the ways in which criminologists examine the media and analyse the ways in which it has been used to represent (either directly or indirectly) ‘facts’ and opinions about crime. It then looks at how this can reflect wider and less obvious considerations, such as social concerns and attitudes to different groups, such as young people and migrants, before exploring how crime is depicted in fiction and popular entertainment. Finally, the chapter discusses the effects of media representations of crime, considering the ways in which the media could be seen as criminogenic (causing crime), for example that it can facilitate and provide a platform for crimes, such as cybercrime, and the ways it could be seen to have a positive influence on crime.

Chapter

Cover JC Smith's The Law of Contract

11. Identifying the terms of a contract  

This chapter discusses the terms of a contract. It first examines the distinction between a ‘term’ and a ‘representation’, before considering how those terms can be incorporated into a contract. It then discusses the nature of the contract being examined—even if the relevant term is not to be found in the ‘main’ contract, it may be found in a ‘collateral’, or ancillary, contract. Finally, the chapter addresses the ‘parol evidence rule’, which essentially states that where there is a written contract, extrinsic evidence cannot be used to establish other terms. This rule is riddled with exceptions and often dismissed, although it is suggested that it should not be entirely discarded.

Chapter

Cover Contract Law

6. Assembling the contract  

Representations, terms, and incorporation

This chapter considers how the courts determine what the terms of the contract are, both where the contract is in writing and where it is oral. It first examines unwritten contracts, focusing on oral negotiations and how the courts identify which statements, out of everything the parties said and did, were intended to have contractual force. It then discusses three categories of statements made by the parties: statements that are ‘mere puff’, statements that are factual ‘representations’, and statements that are intended to be contractual terms. It also describes written documents, and more specifically what impact the existence of a written contract has on other terms which a party argues were agreed, but which were not written down in the contract. The chapter concludes by looking at incorporation and the criteria the law sets for holding that external terms were validly incorporated into a contract.