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AI Overview

"Estoppel by Conduct and Election" by K. R. Handley is a comprehensive legal treatise that explores the doctrine of estoppel in various contexts. Here is a detailed overview of the book:

Key Themes

  1. Estoppel in Business and Property Transactions: The book examines estoppel in the context of commercial transactions and property dealings, providing a thorough understanding of how estoppel principles apply in these areas.

  2. Varieties of Estoppel: The book discusses different types of estoppel, including promissory estoppel, estoppel by representation, proprietary estoppel, and estoppel by convention. It delves into the various interactions that might lead to estoppel, such as principal and agent, landlord and tenant, bailor and bailee, IP licensees, and bank and client.

  3. Case Law Analysis: The book extensively reviews case law to demonstrate how estoppel works in practice. It provides an in-depth examination of leading decisions from the higher courts of the Commonwealth of Nations, addressing controversial points of authority.

  4. Procedural Issues: The book covers procedural issues related to estoppel, showing how it can be utilized to defend oneself in legal proceedings.

  5. Common Law and Statutory Estoppel: It examines both common law and statutory estoppel, offering a comprehensive but accessible exposition of general principles.

Plot Summary

The book does not have a narrative plot but rather a structured legal analysis. It begins by introducing the concept of estoppel and its various forms. It then delves into specific contexts where estoppel might arise, such as business and property transactions. The book provides detailed discussions on the application of estoppel principles in different scenarios, backed by extensive case law analysis.

Critical Reception

  1. Author's Expertise: K. R. Handley is a Judge of Appeal in New South Wales, and his expertise in the law of estoppel is noted. His knowledge of the subject is considered extensive, making the book a valuable resource for practitioners and academics.

  2. Comprehensive Review: The book has been comprehensively reviewed and updated in its third edition by the Honourable Patrick Keane, ensuring that it remains a relevant and authoritative source on estoppel.

  3. Practical Utility: The book is praised for its practical utility, providing a guide to the doctrine of estoppel that is both comprehensive and accessible. It is useful for practitioners who advise upon and litigate issues of estoppel, as well as for academics seeking to understand the complexities of estoppel.

Editions

  • First Edition: Written by K. R. Handley, the first edition was published in 2006 by Sweet & Maxwell.
  • Second Edition: The second edition is also authored by K. R. Handley and published by Sweet & Maxwell in 2017. It covers a wide range of topics in detail, illustrating broad concepts and their application to real-world situations.
  • Third Edition: The third edition, updated by the Honourable Patrick Keane, continues to provide a comprehensive but accessible exposition of general principles. It examines estoppel in the context of commercial transactions and property dealings, with a focus on leading decisions from the higher courts of the Commonwealth of Nations.

In summary, "Estoppel by Conduct and Election" by K. R. Handley is a seminal work in the field of estoppel, offering a detailed and practical guide to the doctrine. Its comprehensive coverage, extensive case law analysis, and practical utility make it an essential resource for legal practitioners and academics alike.