Proprietary Estoppel is not dead. It has its usefulness and is still relevant today. Please see Taylor Fashions Ltd v Liverpool Victoria Trustees Co Ltd [1984] QB 133. This case arises due to the restrictive nature of the requirements laid down in Willmott v Barber (1880). The word "unconscionability" is use in Taylor Fashions case to provide the defect/weakness that Willmott v Barber creates.
Denise Stamper has written: 'The development of the doctrine of proprietary estoppel'
I am pretty sure that is an assignment question, and you are very lazy. Go research it yourself.
Yeah it's estoppel, whether it be collateral estoppel or any other estoppel, it is estoppel, although estoppel and double jeopardy are synonymous. In civil matter, it's called "res judicata". That's civil double jeopardy. A case dismissed with prejudice or found that the defendant is liable will result in res judicata.
The estoppel certificate is typically signed by the party who is providing the certificate. For example, if a tenant is providing the estoppel certificate to a landlord, the tenant would sign the certificate.
you do!
No. An HOA is required to provide an estoppel letter upon request. It can charge a fee.
If.
Promissory estoppel is when a person makes a false statement to another and the listener relies on what was told to him/her in good faith and to his/her disadvantage.
Typically, the management company or treasurer of an HOA or Condo association prepares the Estoppel Letter, Form, or Certificate.
The correct term is estoppel letter. An estoppel letter is prepared and signed by the HOA that states any common charges or special fees that are due on a unit up through a certain, stated date. The party that requested it can rely on the amounts owed and the HOA is legally bound by the amounts listed. HOAs do charge a fee for providing estoppel letters.
yes
Here is a basic definition of "estoppel." Estoppel is a legal doctrine that prevents a person from adopting a position, action, or attitude, asserting a fact or a right, or prevents one from denying a fact inconsistent with an earlier position if it would result in an injury to someone else. There are three types of estoppel and the question is not really specific enough to render a more exact answer.