Estoppel by representation and estoppel by convention

Produced in partnership with Nicholas Macklam of Radcliffe Chambers
Practice notes

Estoppel by representation and estoppel by convention

Produced in partnership with Nicholas Macklam of Radcliffe Chambers

Practice notes
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This Practice Note considers estoppel by representation and estoppel by convention.

For general guidance on what an estoppel is and when it may be pleaded, see Practice Note: Estoppel—what, when and how to plead.

For guidance on other forms of estoppel, see Practice Notes:

  1. Contractual estoppel

  2. Promissory estoppel

  3. proprietary estoppel

Estoppel by representation—what is it?

An estoppel by representation arises where one person (A) makes, by words or conduct, a unilateral representation of fact or law to another (B),which was made by A with the intention of inducing B to rely upon it (or was made in circumstances where A’s conduct is such that a reasonable person would understand that it was intended to be acted upon), and B does in fact rely upon it to their detriment. In those circumstances A will be estopped from subsequently resiling from their original representation. The representation of fact may be made by positive action (eg, by words or conduct) or, in some circumstances (where A is under a duty to speak

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Jurisdiction(s):
United Kingdom
Key definition:
Estoppel definition
What does Estoppel mean?

The basic concept of an estoppel is that where a person (A) has caused another (B) to act on the basis of a particular state of affairs, A is prevented from going back on the words or conduct which led B to act on that basis, if certain conditions are satisfied.

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