Essay equitable estoppel | trannietragalnatifesolpelawil
Proprietary And Equitable Estoppel | Oxbridge Notes …
Meagher, Gummow and Lehane famously described the role of equity thus: Equity ‘corrected, supplemented and amended the common law. It softened and modified many of the injustices at common law, and provided remedies where, at law, they were either inadequate or non-existent.’ ( R Meagher, D Heydon and M Leeming, Meagher, Gummow and Lehane’s Equity: Doctrines and Remedies (ButterworthsLexisNexis, 4th ed, 2002), 3, para 1-005)
Firstly, describe in detail the way that equity fulfils this objective in the context of estoppel. In other words, how do the equitable principles pertaining to estoppel ‘soften and modify’ injustices at common law?
Secondly, evaluate the success of equitable estoppel. In your opinion, is it functioning well?
You should support your analysis by detailed reference to at least four cases.
Proprietary and Equitable Estoppel ..
The doctrine is believed to be “plagued by uncertainty and inconsistency”. If one was to explore why it is uncertain and inconsistent, then it is because courts often imply consideration into cases by making it more of formality or technicality rather than a doctrine. To see to what extent this criticism is understandable is by looking at the case of Williams v Roffey Bros in which the court was willing to find consideration in the practical benefit arising to the promisor from making the promise. This decision by the courts was very questionable, because consideration would normally not apply to cases concerning completion of contractual duties in an existing agreement. This is why it could be argued that it seems to give scope for unfairness and might even lead to unlawful cases in the future. In order to distinguish or relate the two doctrines, it is important to understand the doctrine of PE. According to a law journal, it could be seen as the law of waiver – giving up ones rights and therefore could be called equitable forbearance. E Cooke in her book ‘The modern law of estoppel’ describes it as followed.