An Exposition of the Principles of Estoppel by Misrepresentation

ISBN: 9781331152521 出版年:2016 页码:597 John S Ewart Forgotten Books

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We are sadly in need of some short phrases wherewith to distinguish the actors in cases of estoppeh. There is the party to whom the representation is made. More shortly we might say the party assorting the estoppel, - in other words, the estoppel-asserter, as we shall style him. And there is the person by whom the representation is made. Him we shall call, in sharp contrast, the estoppel-denier. Such phrases are preferable to the arbitrary designation of the parties as A. and B. - a plan resorted to in sheer desperation by some writers; for there is nothing in the letters to help one to remember which is which. Even head-notes are often too long for easy identification of A. and B.Remembering that special glossaries for single volumes may be necessary, but, at the hazard of rejection, must be capable of comfortable assimilation and effortless recollection, the present writer hesitates to do more at present than submit for approval a word which may, in discussing estoppel, be substituted for the ever-recurring phrase: One who changes his position prejudicially upon the faith of some misrepresentation.

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