Sentences with phrase «estoppel if»

Parties should consider including an appropriately drafted non-reliance clause, but this may not protect a party from an argument based on misrepresentation or estoppel if there is clear evidence that one party gave a promise that was intended to be acted upon.

C.A., Sept. 27, 2010)(33959) April 5, 2013 There is not and should not be a rule of public policy precluding the applicability of issue estoppel to police disciplinary hearings based upon judicial oversight of police accountability; instead there should be a flexible approach, whereby courts have the discretion to refuse to apply issue estoppel if it will work an injustice, even where the preconditions have been met.

Not exact matches

A constructive trust of that sort is closely akin to, if not indistinguishable from, proprietary estoppel.

Further, said Sir John, the judge was wrong to hold — if that was what he had held — that to found a claim in proprietary estoppel the representation must be specific as to the interest intended to be conferred: an estoppel could operate in less confined circumstances.

If affidavits started coming out of vending machines, then lets take it a step further and recognize their additional function as estoppel certificate, or certificate of truth.

Weirton argued that this manifest disregard occurred in connection with (1) the arbitrator's disposal of the case on summary disposition; (2) the arbitrator's determination that all claims but one were barred by res judicata or collateral estoppel; (3) the arbitrator's conclusion that one of Weirton's claims was barred by the statute of limitations; and (4) the arbitrator's determination that, if not barred by res judicata, a number of Weirton's claims were barred by the gist - of - the action doctrine.

«What should the court do where the client does not, or is not able to, contend there is an estoppel but he is able nonetheless to satisfy the court that he took the estimate completely seriously and it is possible he might have approached the litigation differently if he had been given a figure nearer to the figure in the final bill?»

Morgan J did his best to answer the question — what the court should do if a client had taken an estimate seriously but could not contend there was any estoppel — by proposing that:

Civil claims will continue, he adds, but «because the criminal conviction is wiped out, the plaintiffs can not rely on it as proof in their case, if my dim memory of collateral estoppel serves me right.»

Even though the case law Samsung cites gives Judge Koh more than enough ammunition to at least stay the case, Samsung's lawyers also present an argument that would enable the district court to reject Apple's demand for premature enforcement even if the court interpreted the Federal Circuit's mandate the way Apple proposes: «Manifest injustice would warrant deviation from a decision rejecting, without briefing, collateral estoppel or a stay»

If the effect is that service can by stymied lawfully under the terms of the Convention by the engagement of Article 10 by the KRG, as opposed to the Federal Republic of Iraq, which may depend on a number of factors relating to its status and possible questions of issue estoppel and the effect of other treaty obligations, or can be stymied in practice by questionable and unlawful means, that is the result of the treaty obligation by which DIFC is bound and which it is bound to observe.

Parties challenging patents under the post-issuance review proceedings authorized by the America Invents Act have long worried about estoppel in later district court cases if they lose before the Patent Trial and Appeal Board (PTAB).

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.

(iii) Even if there is no concluded agreement, a clear statement made by one party and on which the other party is intended to act and does in fact act may be admissible as giving rise to an estoppel.

The ever interesting (if from time to time unduly teasing) OUPblog has a post today promoting Ben MacFarlane's book «The Law of Proprietary Estoppel.»

Even in promissory estoppel, however, the effect of the estoppel will be permanent if it is unfair for it to be suspensory only.

In this case, it would be unjust if the issue estoppel did not apply to the second and third applications.

If an issue is not dealt with, there would be no estoppel.

In my view cause of action estoppel arises only if the cause of action in the later proceeding is identical to that in the earlier petition between the same parties and involves the same subject matter.

Many leases will further include a «deeming provision» if the tenant does not object to or execute the draft estoppel within the required timeframe.

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

CON - 10 Conditional Upon Review of Condominium Documents This Offer is conditional upon the Buyer's Solicitor reviewing the following Condominium Corporation's documentation: an Estoppel Certificate, the last annual financial statements (audited if available), the current budget, the Declaration, by - laws, rules, any management agreement, all current insurance certificates, and finding all of the foregoing satisfactory in the Buyer's Solicitors sole and absolute discretion.