The doctrines listed by Spence might beargued to give effect to just two duties, though, rather than the threeidentified by Spence: The aim of the exercise is for you to attempt to write an article to submit to a refereed legal journal such as the Equitable estoppel essay Law Journal, or the Journal of Equity.
Read a couple of authoritative general texts on the particular doctrine, case or issue, such as Heydon D, Leeming M, and Turner P, Equity Doctrines and Remedies LexisNexis Butterworths, 5th ed, for a general understanding of the issues covered in the question.
It softened Equitable estoppel essay modified many of the injustices at common law, and provided remedies where, at law, they were either inadequate or non-existent.
You must follow the Australian Legal Guide to Citation 3rd ed conventions for referencing in footnotes. The way in which one situates thedoctrine within the law of obligations provides a good indication of the way inwhich one understands the doctrine. The assumption referred to bySpence Equitable estoppel essay not an assumption relating to an existing or expected legalrelationship between the parties.
Chapter one of indicates that Spence sees equitable estoppel as a reliance-based doctrine,which is part of the law of wrongs. The notion that anestoppel can arise from an assumption that another party will pay the cost ofwork to be performed is, however, inconsistent with the proposition that anequitable estoppel must be founded on an assumption that a particular legalrelationship will come into existence between theparties.
Heargues that this duty can be used to shape the developing Australian doctrine ofequitable estoppel. Subsequent cases developed the doctrine and set the limitations to refine it.
Must have used at least 10 sources, including the above Case and Journal Article.
Research skills are central to this assessment task. The law of contract creates or, asSpence would have it, gives effect to, a duty to keep promises.
Do not cite journal articles in your essay unless they are in peer-reviewed journals such as the Journal of Equity, Law Quarterly Review, Melbourne University Law Review etc. In each case Spence frames the relevant assumption interms of the way in which the representor will act in the future, rather than interms of a particular legal relationship arising between theparties.
Read the search results and also consider the more recent cases which have applied the key cases.
More recently approved in Justice Ward held that for estoppel to arise there must be a clear unequivocal, unambiguous promise that was intended to affect the legal relations between the parties.
Purpose of the texts is to provide a better understanding of a topic or issue, to illustrate the arguments which are made by other academics and to act as a stimulus for ideas and research. Equitable estoppel essay and Equitable Estoppel. Offer and Acceptance with Promissory Estoppel As I have argued elsewhere, it is essentialto an understanding of equitable estoppel to attempt to situate it within acoherent taxonomy of the law of obligations.
You should support your analysis by detailed reference to at least four cases. CONTINUE Proprietary and Equitable Estoppel If the relevantassumption was simply that a lease would come into existence between the partiesthen, aftersuch an assumption would provide anuncontroversial foundation for an equitable estoppel.equitable estoppel: There has been a significant divergence between the law of England and the law of Australia in relation to the scope of promissory estoppel since the decision of the High Court of Australia in Waltons Stores (Interstate) Ltd v.
In D & C Builders Ltd v Rees  2 QBLord Denning explained and applied the doctrine of promissory estoppel. This essay will look into the concept of consideration as one of the key elements of legally binding contract as well as consider the doctrine of promissory estoppel.
It will further consider the case law on the doctrine of promissory. support for a unified doctrine of equitable estoppel, which encompasses both promissory and proprietary 2estoppel. This equitable estoppel, in compliance with the role of equity, recognises that both doctrines operate to serve a unified purpose, namely the protection against unconscionable dealings.
Proprietary and Equitable Estoppel. If the relevantassumption was simply that a lease would come into existence between the partiesthen, after, such an assumption would provide anuncontroversial foundation for an equitable estoppel.
Renata Petrylait ] Can the doctrine of equitable estoppel be applied against a government? As the very term ‘equitable’ implies, “the whole doctrine of equitable estoppel is a creature of equity and is governed by equitable principles” Equity in its turn denotes fairness and justice. Essay Elements of a Contract.
One substitute to consideration is promissory estoppel.
In promissory estoppel, the promisee’s reliance is treated as a sufficient basis for enforcing the promise (Promissory Estoppel and Detrimental Reliance, n.d.).Download