ABSTRACT
To establish estoppel by negligence, it has to be proved that a duty of care was owed to the person who has suffered loss,74 and that there has been a breach of that duty. In Coventry, Sheppard and Co v Great Eastern Railway,75 both conditions were satisfied. A railway company had negligently issued two delivery orders in respect of one consignment of wheat. This had enabled a swindler to obtain two advances of money, as if there had been two separate consignments. It was held that the railway company’s negligence estopped it from denying that there had been two consignments.76
