Estoppel.docx

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Estoppel
Precisely in connection with what can happen at a trial. Normally issues of estoppel
comes up in contract law
Ex: someone in London England rents a great flat. They rent on long term least
signed before world war two. World War two happens and the flat isn’t as appealing
because it is in an area frequently bombed.
Don’t leave; stay on and you can pay less as long as the war last. So they make an
agreement that the terms of the original lease will be modified and at the regular
date the renter pays mortified price.
War end: flat owner goes to court to sue renter for the money that was cut during
the war.
He can do this because the modification was an informal written agreement.
The court says the flat owner is ESTOPPED from prepaying the terms of the
original lease because the owner made a VERBAL agreement. The agreement was
made that he would except less so the terms of the lease are held to not have any
effect.
The charter of rights effects how the old law should be treated. The coming
into existence of the charter ESTOPPS the government from relying on the old
written law.
The Charter does not apply to private law.
Ex: the charter of rights say Canadian are free of expression. If the issue is
about a manufactured product and they are true. This product is produced by my
own employer. When I went to work, I signed an agreement in my own free will
which said I wouldn’t say certain things.
Thus I have made a contract not to say certain things. Contract here is
consider PRIVATE LAW.
1. The head tax legislation contravenes the charter. The legistatlation came
into long before the charter (plainly wrong) [came too late]
2. The head tax confidants customer law (not important)
3. The head tax involves unjust enrichment by the government Courts says
that unjust enrichment argument was the same argument as the Charter
argument.
i. Moran says that’s wrong. He says the charter argument is
about legislations. The unjust enrichment claim in about
private law.
ii. [the charter as piece of legislation] Charter does not control
private law claims but he suggests that Charter Values
“charter values radiate through the legal system and ought to
influence the courts when they have to apply private law to a
case”
1. not so much argument about the law hard and fast but
more something vague and shapeless.
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