Sentences with phrase «claiming equitable estoppel»

Texas requires that a party claiming equitable estoppel to prove that the other party knowingly made a false statement or concealed facts to a party who did not and could not know the falsity of the statement and the statement was made with the knowledge that the party would rely on the statement to its detriment.

Not exact matches

equitable remedies including proprietary estoppel, resulting trust and constructive trust claims; and

Edward has wide experience in litigation concerning trusts of land, proprietary estoppel, equitable accounting, conveyancing disputes, boundary disputes, adverse possession claims, litigation over easements and restrictive covenants, legal and equitable charges and mortgages, landlord and tenant disputes and possession actions.

One case concerned a claim for equitable relief arising from an estoppel.

The Court's opinion in SCA Hygiene did note that an accused infringer can still defend against a claim of infringement based on the defense of equitable estoppel.

Otherwise, you may be entitled to equitable compensation and indemnification in respect of the costs you have incurred if a claim of promissory estoppel is upheld, though the requirement for that is that the prospective defendant must have at least been able to reasonably foresee that you were to rely on their clear and unambiguous promise and that they unconscionably departed from their promise.

In its discussion, the Court also held that the equitable tenet of judicial estoppel prevented Auday from pursuing the claim in her own name.

Equitable concepts such as proprietary estoppel sit more comfortably within the realm of domestic situations and for a claim of an equitable nature to succeed in a commercial context there would need to be very specific, exceptional and noteworthy circumstances to warrant such a decision.

While the court agreed that it is possible the Purchaser could claim that the Seller was estopped from claiming title defects which would have prevented the closing when it had misrepresented the status of the title in the purchase agreement, the court ruled that the bankruptcy court had failed to make sufficient findings of fact in support of this ruling and so reversed the equitable estoppel ruling, sending the case back to the trial court for further proceedings.

If successful, equitable estoppel prevents a party from making claims that contradict earlier statements by a party.