Estoppel by representation and estoppel by convention
Produced in partnership with Nicholas Macklam of Radcliffe Chambers
Estoppel by representation and estoppel by convention

The following Dispute Resolution practice note produced in partnership with Nicholas Macklam of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • Estoppel by representation and estoppel by convention
  • Estoppel by representation—what is it?
  • By representation—what do you need to establish it?
  • By representation—what amounts to a representation?
  • By representation—what amounts to reliance?
  • By representation—what amounts to detriment?
  • Estoppel by convention—what is it?
  • By convention—what do you need to establish it?
  • By convention—identifying the 'convention'
  • By convention—communication of the assumption
  • More...

This Practice Note considers estoppel by representation and estoppel by convention.

For general guidance on what an estoppel is and when it may be pleaded, see Practice Note: Estoppel—what, when and how to plead.

For guidance on other forms of estoppel see Practice Notes:

  1. Contractual estoppel

  2. Promissory estoppel

  3. Proprietary estoppel

Estoppel by representation—what is it?

An estoppel by representation arises where one person (A) makes, by words or conduct, a unilateral representation of fact or law to another (B),which was made by A with the intention of inducing B to rely upon it (or was made in circumstances where A’s conduct is such that a reasonable person would understand that it was intended to be acted upon), and B does in fact rely upon it to their detriment. In those circumstances A will be estopped from subsequently resiling from their original representation. The representation of fact may be made by positive action (eg, by words or conduct) or, in some circumstances (where A is under a duty to speak out but fails to do so), by inaction or acquiescence.

By representation—what do you need to establish it?

The essential requirements for establishing a plea of estoppel by representation are:

  1. a representation of fact or law by the representor (A) made to the representee (B) on which B was intended by A to rely (or was made in circumstances

Popular documents