Freeman And Another, Assignees of William Broadbent v Cooke: 1 Jul 1848

Where a party creates a belief in another’s mind, and causes the other to act upon that belief, he will not in subsequent court proceedings be heard to deny that belief: ‘a party who negigently of culpably stands by and allows another to contract on the faith of a fact which he can contradict, cannot afterwards dispoute that fact in an action against the party who he has himself assisted in deceiving.’

Citations:

(1848) 2 Exch 554, 6 Dow and L 187, [1843-60] All ER Rep 185, [1848] EngR 687, (1848) 154 ER 652

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

AppliedSmith v Hughes QBD 6-Jun-1871
Blackburn J said: ‘I apprehend that if one of the parties intends to make a contract on one set of terms, and the other intends to make a contract on another set of terms, or, as it is sometimes expressed, if the parties are not ad idem, there is no . .
Lists of cited by and citing cases may be incomplete.

Contract, Estoppel

Updated: 27 November 2022; Ref: scu.188458