Example sentences of "[verb] rise to a estoppel " in BNC.

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1 It raised the more general and important question whether the determination of a statutory tribunal with a limited jurisdiction could give rise to issue estoppel at all , or only to cause of action estoppel ; in other words , whether it could give rise to an estoppel for all purposes or only for the limited purpose for which the jurisdiction to make the determination was conferred .
2 Such a representation would not give rise to an estoppel , because , as was said in Jorden v. Money ( 1854 ) 5 H.L.C. 185 ( below , p.252 ) , a representation as to the future must be embodied as a contract or be nothing .
3 MR JUSTICE MILLETT said that the particular question was whether a decision of a commons commissioner that certain land was not registrable as common land because it formed part of a highway was capable of giving rise to an estoppel per rem judicatam so as to preclude the landowner from afterwards asserting , in proceedings unconnected with the register , that the land in question did not form part of a highway .
4 However , the lead actions are not strictly test cases , and while there is a reasonable prospect that the above aspiration will be fulfilled , there may well be individual issues arising in some of the other cases which will in any event need to be litigated , eg. , an individual local authority defendant 's particular case on change of position giving rise to an estoppel .
5 It is in that sense , and that sense only , that such a promise gives rise to an estoppel .
6 However , it seems that such a provision can not be a contractual promise , and will only be effective if it gives rise to an estoppel ; it therefore will not exclude the implied term of fitness for purpose unless the seller believes it and relies on it ( Lowe v Lombank [ 1960 ] 1 All ER 611 ) .
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