合同法合同的变更.pptVIP

High Trees Case Promissory Estoppel Contract Under Seal Also called “deed” Formal written contract With corporate or notary stamp In law, contract under seal is enforceable even without consideration Parol Evidence Rule A contract under seal cannot be amended / changed / varied by oral agreement or written agreement not under seal. In other words, formal contract cannot be changed by less formal agreement. Estoppel - definition Restrain, prevent, stop, or bar a principle of common law and of equity when a man, by his words or conduct, has led another to believe in something, he will not be allowed to deny or change it when it would be unjust or inequitable the other. Is a shield not a sword. Estoppel : in procedure law Estoppel by deed: cannot deny the truthfulness of facts in deed rule of evidence Issue Estoppel: if court has determined a issue in a legal action, it cannot be argued again in another action. Cause of Action Estoppel: A dispute cannot be tried twice Double Jeopardy Reliance-Based Estoppel Estoppel by representation of fact Equitable Estoppel: Promissory Estoppel (high trees case) Proprietary estoppel (real estate case) Estoppel by representation of Fact A make a false representation of fact to B; A Intended or knew B may act upon it; B actually acted upon in in reliance of the rep. In subsequent litigation between A and B, A was estopped from arguing his representation was wrong, therefore void. Used only as B’s defence Estoppel by representation of Fact Avon County Council v Howlett (Avon CC case) Teacher injured at work Received sick pay for C.C. (the boss) payment higher than that provided in contract Teacher asked, C.C. said “no mistake”: a fact C.C. found mistake, overpaid 1000 pound Teacher had spent the money Sued for unjust enrichment Estoppel applied Promissory Estoppel A made promise (no statement of fact) to B; Promise to accept a less payment of a debt; Promise a gift Promise a contract Knowing it woul