A false statement made about a matter of past fact could not operate either as an estoppel by representation or (where the fact is expressed as an agreement) a contractual estoppel. The court set out three criteria for an evidential estoppel: it must be shown that:
(a) The clause (acknowledgement) was clear and unambiguous;
(b) that the representee had intended the representor to act on the statements in the clause; and
(c) that the representor must have entered into the contract in the belief that they were true.
Judges:
Diplock J
Citations:
[1960] 1 WLR 196
Jurisdiction:
England and Wales
Cited by:
Cited – Watford Electronics Ltd v Sanderson CFL Ltd CA 23-Feb-2001
The plaintiff had contracted to purchase software from the respondent. The system failed to perform, and the defendant sought to rely upon its exclusion and limitation of liability clauses.
Held: It is for the party claiming that a contract . .
Lists of cited by and citing cases may be incomplete.
Equity, Estoppel
Updated: 08 April 2022; Ref: scu.187203