Hardcover, Lexis
Formerly published as Estoppel, 2nd Edition, this book is one of a trilogy along with Misrepresentation and (Dis)Honest Performance in Contracts, 2nd Edition (2021) and Mistake in Contracting (2018) which cover the "Truth in Contracting" (or more accurately: "Untruth in Contracting").
Estoppel is understood at a basic level by many lawyers, but this set of legal doctrines is highly complex and filled with such confusing terminology, such that it poses a challenge for both practitioners and scholars alike. Compounding the complexity of the estoppels are the related, yet distinct, doctrines that result in waivers: election and abandonment.
The Law of Estoppels, Election, and Waiver by Abandonment, 3rd Edition clarifies the subject matter from a Canadian legal standpoint and deals with its complexity and subtleties in a manner that's easily understood. Written by veteran University of British Columbia law professor Bruce MacDougall, this civil litigation book pulls together various aspects of estoppel and the related doctrines of election and waiver by abandonment into one place, saving readers valuable research time, while educating them on the rules and principles of these doctrines in a clear and organized manner.
Features of This Book
The Law of Estoppels, Election, and Waiver by Abandonment, 3rd Edition contains useful reference charts to clarify terminological issues, and to categorize the five areas of estoppel:
- Estoppel by deed
- Estoppel by convention
- Estoppel by representation
- Promissory estoppel
- Proprietary estoppel
The book also discusses quasi-estoppel doctrines and issues:
- Election and waiver by abandonment
- The role of equity (and to a lesser extent, the common law) in estoppel
- The connection of estoppel with the doctrine of legitimate expectations
- When and how the Crown or third parties (including parties such as agents, successors in title, liquidators) can be bound by, or can raise, estoppel
Benefits of This Book
- Elucidates this complex and nuanced area of law, which is of fundamental importance for developing legal arguments using the doctrines of estoppel, election and waiver by abandonment
- Helps readers understand the potential ramifications of these doctrines, providing more options for advising clients on possible litigation avenues and judicial outcomes
- Distills estoppel, election and waiver by abandonment precedents and rules into their essentials, while providing depth and breadth of comprehension and saving valuable research time
- Contributes to a more engaged discussion of these doctrines by scholars, lawyers and judges
What's New In This Edition
- Expanded coverage on the topics of election and waiver by abandonment as reflected in the new book title
- New content on contract interpretation, sales contracts, frustration, the duty to exercise a contractual discretion reasonably, plus areas outside of contract contexts, such as Indigenous agreements
- Updated case law and legislation from the Supreme Court of Canada and Courts of Appeal, as well as overseas courts such as UK and Australia
- Discussion of the Supreme Court of Canada’s important decision on promissory estoppel in Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, 2021 SCC 47
- Discussion of the UK Supreme Court’s important decision in Guest v. Guest, 2022 UKSC 27, on whether awards in proprietary estoppel should generally be based on an expectation basis or whether the detriment basis is better
Who Should Read This Book
- Civil litigation, contract and tort lawyers – this book helps readers to use one of the estoppels, election or waiver by abandonment to advance or defend a legal case
- Judges – this book serves as a comprehensive reference source and can be used to determine whether courtroom litigants have applied the doctrines in a correct manner
- Legal academics and law professors – this book represents the Canadian authority on the doctrines of estoppel, election and waiver by abandonment, as applied in Canadian courts