This provides for a relatively straightforward analysis and strategy regarding potential estoppels
before filing the CBM.
An experienced litigator with more than 20 years of trial and appellate experience, Counts defends newspapers, websites, television stations, businesses and individuals in libel matters, as well as breach of contract, invasion of privacy, fraud and promissory estoppels
115) The title 'promissory estoppel
' has since been adopted in United States jurisprudence--it is not used in the Restatements--to differentiate estoppels
relating to assumptions of fact and those relating to promises or assurances as to future conduct.
Some courts reject the application of collateral estoppels
as to prior workers' compensation rulings, believing that the procedure varies too much from a civil trial.
There are multiple types of estoppels
and those based in equity are a much different legal creature than those available at law.
English law contains an important requirement that both cause of action and issue estoppels
apply not only to points that have actually been decided but also to points "which properly belonged to the subject of litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time.
Chapters cover the issues surrounding ground leases, the case law that governs them, model ground leases, possible approaches to leasehold mortgagee protections, model construction and development provisions, model language used in a leasehold mortgage, memoranda of lease, landlord estoppels
, and a ground lease review checklist.
In a leased property, obtaining estoppels
on a proper form and examining them closely will reveal volumes about the tenants' expectations.
We prepared and negotiated the purchase and sale agreement, negotiated with the various franchise companies (Marriott Hotels, InterContinental Hotels and Carlsen Hotels), prepared and negotiated the assignments of ground lease and ground lease estoppels
, oversaw the defeasance process and got the entire deal closed with a little over one month from the execution of the purchase and sale agreement.
Since the principled exception is merely an application of the principles of estoppel
, then plaintiffs should be able to use it as a sword when estoppels
generally are allowed to be used as a sword.
The deposits are non-refundable except if consents to the assumption of mortgages, third party financing commitments or estoppels
are not obtained with respect to certain of the properties to be acquired under the Sale Contract or if certain other contingencies occur.
The Whitehall/Zamias transaction is contingent upon, among other things, the consent of First Union's beneficiaries, the existing mortgage lender's and rating agency approval of mezzanine financing and of the assumption of the existing mortgage debt by Whitehall/Zamias, the receipt of certain tenant and ground lease estoppels
and the clearance of certain title objections.