Contractual estoppel
An unfair relationship? Bank’s basis clauses upheld
21 May 2018 - Sophie Walker
In Carney v Rothschild, the High Court considered the efficacy of “basis clauses” in the context of a financial mis-selling claim in which it was alleged that an unfair relationship under the Consumer Credit Act 1974 had arisen. The claimants, four British expats living in Spain, had borrowed funds from the bank, secured against their › Read More
Inspect before you sign: acceptance certificates and contractual estoppel
13 April 2018 - Jason Rix
In Aquila v Onur, the court confirmed the effectiveness of contractual estoppel and acceptance certificates. Aquila agreed to lease an aircraft engine to Onur. When it entered into the lease, Onur signed an acceptance certificate. A major engine failure occurred (luckily without loss of life or serious injury). Aquila claimed for unpaid rent and other losses. Onur retorted › Read More
Contractual estoppel: is it time for it to go?
12 December 2016 - Richard Hooley
Contractual estoppel facilitates the enforcement of an agreement on the state of facts by precluding proof of facts that contradict that agreement. It was developed in the context of preclusion of liability for (non-fraudulent) misrepresentation by providing the legal explanation for the validity of ‘no representation’ and ‘non-reliance’ clauses, which contradict the true state of › Read More