Notes on estoppel
Contract Law-Notes on estoppel
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Estoppel Elements of Estoppel 1. Party 1 makes a promise, then representation, then conduct. 2. Party 2 makes an assumption about either Party 1's conduct or the legal relationship between them. 3. Party 2 has reliance on this to their detriment such that it is unconscionable for Party 1 to rescind. Common law estoppel: a statement of existing fact that leads some one to do something, the assumption is taken as fact. Themes: unified theory Elements of promissory estoppel. Remedy Is it expectation or reliance. Existing relationship: expectation and cause of action. Nature and development of promissory estoppel There are three major decisions of the High Court on promissory estoppel. They are Legione v Hateley (1983) 152 CLR 406; Waltons Stores (Interstate) Ltd v Maher & Anor (1987-1988) 164 CLR 387; and Cth v Verwayen (1990) 64 ALJR 540. Together, they give a person, who has relied ...
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