Sentences with phrase «of equitable 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.

For example, the Court noted that the «doctrine of equitable estoppel provides protection against some of the problems that First Quality highlights, namely, unscrupulous patentees inducing potential targets of infringement suits to invest in the production of arguably infringing products.»

Not exact matches

While the jurisprudence tells us that proprietary estoppel is no longer a «Procrustean bed constructed from some unalterable criteria» (see Idle - O Apartments Inc. at para. 23), the Court in Crabb nonetheless insisted the exercise of equitable jurisdiction be rooted in identifiable principles.

This case does not involve any factors, such as inadvertent mistake or newly discovered evidence, that might, on equitable grounds, relieve Otis from the application of judicial estoppel.

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.

Common law is still going strong in New Jersey: I can sue for the tort of negligence, trespass and deceit, I can seek equitable remedies like an injunction and estoppel and I can also sue for breach of contract.

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.

Other than the doctrine of constructive trust, it is possible in certain circumstances to apply other equitable principles such as proprietary estoppel.

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.

1.29 Historically, the equitable concern manifested through the use of estoppel was characterized as being about «fraud», but today estoppel is usually not thought to be based on such... [more]

1.29 Historically, the equitable concern manifested through the use of estoppel was characterized as being about «fraud», but today estoppel is usually not thought to be based on such an extreme misleading of one person by another.

1.30 Two estoppel elements in particular are affected by such equitable considerations: the requirement for detrimental reliance in establishing the need for estoppel and the limited effect of the estoppel.

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.

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.