Estoppel contracts
In very broad terms, 'estoppel' prevents a party from asserting a claim or right that contradicts something they have previously said or done, or something that has been legally established to be true.
The courts have held that in the absence of the essentials of a contract (namely; two or more parties, an intention to create legal relations, an agreement and consideration), a contract could still come into existence between parties if they have so conducted themselves as to a common assumption, in fact or law, that there is a contract and that it would be wrong or unreasonable for the parties thereafter to deny the existence of such a contract.
Estoppel contracts have received a mixed reception from the courts, finding favour in G. Percy Trentham v Architral Luxfer, and in Mitsui Babock Energy Ltd v John Brown Engineering Ltd, but being rejected in J. Murphy & Sons Ltd v ABB Daimler Benz.
[edit] Related articles on Designing Buildings Wiki:
Featured articles and news
A briefing on fall protection systems for designers
A legal requirement and an ethical must.
CIOB Ireland launches manifesto for 2024 General Election
A vision for a sustainable, high-quality built environment that benefits all members of society.
Local leaders gain new powers to support local high streets
High Street Rental Auctions to be introduced from December.
Infrastructure sector posts second gain for October
With a boost for housebuilder and commercial developer contract awards.
Sustainable construction design teams survey
Shaping the Future of Sustainable Design: Your Voice Matters.
COP29; impacts of construction and updates
Amid criticism, open letters and calls for reform.
The properties of conservation rooflights
Things to consider when choosing the right product.
Adapting to meet changing needs.
London Build: A festival of construction
Co-located with the London Build Fire & Security Expo.
Tasked with locating groups of 10,000 homes with opportunity.
Delivering radical reform in the UK energy market
What are the benefits, barriers and underlying principles.
Information Management Initiative IMI
Building sector-transforming capabilities in emerging technologies.
Recent study of UK households reveals chilling home truths
Poor insulation, EPC knowledge and lack of understanding as to what retrofit might offer.
Embodied Carbon in the Built Environment
Overview, regulations, detail calculations and much more.
Why the construction sector must embrace workplace mental health support
Let’s talk; more importantly now, than ever.
Ensuring the trustworthiness of AI systems
A key growth area, including impacts for construction.