Sentences with phrase «called estoppel»

One key message in the Rainville decision is as follows: A condominium corporation has a duty to take reasonable steps to verify statements made in the corporation's status certificates (previously called estoppel certificates).

Not exact matches

This was because of something called «collateral estoppel.»

... the application of the Ramsden v. Dyson, L.R. 1 H.L. 129 principle — whether you call it proprietary estoppel, estoppel by acquiescence or estoppel by encouragement is really immaterial — requires a very much broader approach which is directed rather at ascertaining whether, in particular individual circumstances, it would be unconscionable for a party to be permitted to deny that which, knowingly, or unknowingly, he has allowed or encouraged another to assume to his detriment than to inquiring whether the circumstances can be fitted within the confines of some preconceived formula serving as a universal yardstick for every form of unconscionable behaviour.

Consequently, the case can be distinguished from one in which validity is challenged by a party to the agreement, where equitable remedies (eg proprietary estoppel) might be called upon to rescue a formally defective agreement.

The name of the legal doctrine that allows a criminal judgment to have this effect in a civil case is called «collateral estoppel» which is also sometimes called «issue preclusion».

That is to say: the requirement for detrimental reliance in most of the estoppels is best seen as the manner in which equity interprets its concern about unfairness or unjustness into the process of ascertaining whether estoppel is called for in a given context.

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