Estoppel and public authorities: examining the case for an equitable remedy greg weeks abstract estoppels can be raised against public authorities but ' the equitable origins of the improper purpose ground' in l pearson, c harlow and m taggart (eds), administrative law in a changing state: essays in honour of mark. Promissory estoppel acts as consideration when a party's promise (1) foreseeably induces the 29 promissory estoppel, quasi-contract, restitution are similar concepts that occur at different contract stages baressayscom essay attack template contract remedies 7 equitable lien see equitable lien template. This property that he had leased & given an option contract on to another party it is likely that the exceptions to the statute of frauds which are part performance & equitable estoppel are met here also so if farmer couldn't satisfy the statute of frauds he could use the exception to recover damages or get. Equitable estoppel in the last two years, a majority of the supreme courts of the several states has addressed the doctrine5 since its inception in american law, moreover, courts (including the 283, 286 (1947)) 14 see edward d re, introduction to selected essays on equity xii (edward d re. This amounted to duress, because the knowledge that rees had of the problems that d & c builders were facing was used as a sword against a fair and equitable outcome the key factor that surrounds the doctrine of promissory estoppel is that it originates out of equity and aims to create a just outcome,.
In d & c builders ltd v rees  2 qb 617, lord denning explained and applied the doctrine of promissory estoppel this essay will look into. Only proprietary estoppel can create a cause of action in english law, though the other two can act in support of a cause of action or a reply to a defence under american jurisprudence, equitable estoppel is available only as a defense, while promissory estoppel can be used as the basis of a cause of action. This essay will consider and discuss the nature of proprietary estoppel and the two views on unconscionaibility whether there will always be lord scott stated 'unconscionaibility in my opinion plays a very important part in the doctrine of equitable estoppel, in unifying and confirming, as it were, the other. Law in relation to equitable estoppel arising from non-land based promises, see ben mcfarlane 'the limits to estoppels' estoppel and in obiter, indicated her support for the view that equitable estoppel could be extended to deal with jackson's essay “estoppel as a sword” in (1965) 81 law quarterly review 84, 223 at.
2 according to cooke, estoppel in its many forms is perhaps ''the most powerful and flexible instrument found in any system of court jurisprudence''1 it is a doctrine which operates in common law as well as equity and has been the subject of significant change in recent years equitable estoppel in the past. Equitable estoppel or representation of future conduct occurs where the relying party acted upon an assumption as to the future conduct of the representor namely, the representor induced the relying party to believe he will sign the contract in the future the effect of equitable. Defensive equitable promissory estoppel 57 2 offensive equitable first phase of promissory estoppel consists of defensive equitable estoppel and offensive equitable estoppel (2) 17, 25-26 (1979) kct sutton, promises and consideration, in essays on contract 35, 40 (pd finn ed, 1987) by the end of.
Promissory estoppel may be used as a shield but not a sword english law defines promissory estoppel as a principle of justice and of equity it comes to this: when a man, by his words or conduct, has led another to believe in a particular state of affairs, he will not be related university degree contract law essays. Application of equitable estoppel to provide relief to promisees who have relied on peter benson (ed) the theory of contract law: new essays (cambridge university press, cambridge 2001)) 3 coote 41 bruce macdougall consideration and estoppel: problem and panacea (1992) 15 dalhousie lj 265 at 268. Once we have understood the role played by the (literal) concepts of legitimate expectations or estoppel in english law generally, and in the english law of [ 10] they are often referred to as forms of 'equitable' estoppel, because for their development in the 20th century the courts drew on older cases decided by the.
My essay is somewhat less ambitious: i will say something of the origins of equity in australia, but take as my theme the operation of equity as an instrument of conscience, to relieve against unconscientious insistence on strict legal right – and particularly its application in the field of equitable estoppel. If we go back to the section of this essay dealing with the law on estoppel by representation, we saw there that if b relies on a's representation that b has an interest in land that currently belongs to a, b can take advantage of the fact that a is estopped from going back on that representation to bring a claim. The principles of both equitable and common law conventional estoppels discussed by white j in construction technologies australia pty ltd v doueihi & ors1 (cta), specifically the necessity to distinguish the contextual setting in which the estoppel is claimed to have occurred, are indicative of the current judicial.