This Article is an extract of our essay on equitable estoppel in Australia. To buy essay papers, please visit The Uni Tutor for more information. Our essay writing service is well-known worldwide for its quality. If you buy essay papers from us, you are bound to receive high grades.
General Nature of Estoppel
Put simply, the law of estoppel precludes a party to a litigative action upon relying on or declaring words to the effect that a particular proposition of fact or law, regardless of whether or not the proposition is true. Importantly, there is no universal rule or principle to exemplify the perplexing rules spanning the various categories espoused under the doctrine of ‚estoppel‘.There are distinctions between estoppel, namely:
(a) common law estoppel and equitable estoppel;
(b) estoppel by conduct and estoppel by representation; and
(c) distinction between present estoppel and future estoppel. (You should expect this quality when you buy essay papers from us.)
Moreover, there are categories such as promissory estoppel, proprietary estoppel, and estoppel by acquiescence. However, after careful analysis, it is my opinion that all these numerous categories and distinctions all possess the pragmatic aim of ‚protection against the detriment which would flow from a party’s change of position if the assumption (or expectation) that led to it were deserted‘. In terms of the broader categories of estoppel from a consequentialist pragmatic approach, the follow underlying principles may be inferred:
(a) estoppel by record or judgment;
(b) estoppel by deed; and
(c) estoppel by conduct or estoppel in pais.
The underlying consequentialist (when you buy essay papers from us, your writer will be an Oxbridge graduate), pragmatic approach taken by estoppel is evident in the fact that it essentially denies someone from denying the existence of a state of affairs in situations where any denial would be unconscionable. By way of example, if David has induced Kate to believe that David will not insist upon his strict legal rights under an agreement between the parties, then should Kate rely on this assumption that she will not be exposed from a legal liability should Kate not perform her strict obligations to the letter of the contract, then the law takes into account and recognizes that it is unconscientious to permit David to then take legal action against Kate for breach of contract.
As the above discussion enunciates, the principles, rules, and doctrines underlying estoppel are inherently complex and, furthermore, providing all-encompassing definitions is all the more difficult. As a result, and as can be seen from the above, often the use of lexical definitions of terms and principles are used which are all then subject to common law change. It should also be evident that estoppel generally involves practical situations when someone reconsiders their position on something. As such, it is difficult to agree on an approach that unifies these doctrines under one principle when they do not have unified purposes. Interestingly, estoppel is not recognised under civil law because the notion and principles of equity are absent and are not unacknowledged.
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