(a) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this Act.
(b) The law of estoppel shall apply under this Act.
(c) The law of agency shall apply under this Act.
(d) This Article shall be so interpreted and construed as to effect its general purpose to make uniform the law of those states which enact it.
(e) This Article and the other provisions of this Act shall not be construed so as to impair the obligations of any contract existing when the Article or any other provision of this Act, as applicable, goes into effect, nor to affect any action or proceedings begun or right accrued before this Article or any other provision of this Act, as applicable, takes effect. (1941, c. 374, s. 4; 2000-140, s. 101(l).)
Notes of Decisions
Simmons v. Quick-Stop Food Mart, Inc., 296 S.E.2d 275 (N.C. 1982).
· cites it 4× “N.C. Gen. Stat. § 59-34 (c) (1975). Generally, “[w]here the title to real property is in the name of one or more or all [of] the partners .”
Volkman v. Dp Assocs., 268 S.E.2d 265 (N.C. Ct. App. 1980).
· cites it 2× “G.S. 59-34(b). The essentials of equitable estoppel or estoppel in pais are a representation, either by words or conduct, made to another, who reasonably believing the representation to be true, relies upon it, with the result that he changes his position to his detriment.”
Wiggs v. Peedin, 669 S.E.2d 844 (N.C. Ct. App. 2008).
· cites it 2× “See N.C. Gen. Stat. § 59-34 (b) (2003) (“The law of, estoppel shall apply under this Act.”
— N.C. Gen. Stat. § 59-34(b) — 1 case
Volkman v. Dp Assocs., 268 S.E.2d 265 (N.C. Ct. App. 1980).
“G.S. 59-34(b). The essentials of equitable estoppel or estoppel in pais are a representation, either by words or conduct, made to another, who reasonably believing the representation to be true, relies upon it, with the result that he changes his position to his detriment.”
— N.C. Gen. Stat. § 59-34(c) — 1 case
Volkman v. Dp Assocs., 268 S.E.2d 265 (N.C. Ct. App. 1980).
“G.S. 59-34(b). The essentials of equitable estoppel or estoppel in pais are a representation, either by words or conduct, made to another, who reasonably believing the representation to be true, relies upon it, with the result that he changes his position to his detriment.”
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