Equitable estoppel essay

You must include a Bibliography, although this is not included in your word limit. The way in which one situates thedoctrine within the law of obligations provides a good indication of the way inwhich one understands the doctrine.

A duty to ensure thatassumptions are reliable could require all assumptions to be made good, or couldrequire those assumptions which have been relied upon to be made good. Equitable estoppel essay are not counted in the word limit where they contain references only; no discursive footnotes i.

It is not immediately apparent what the content of such aduty would be, or how it would shape equitable estoppel. 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.

Give reasons for your argument. Use footnotes, not endnotes. The Research Essay provides an opportunity for students to examine more deeply some of the challenging and fascinating aspects of equity and to develop formal legal writing skills. In your opinion, is it functioning well?

Quotations from texts, journals and cases should be kept to a minimum and must be properly referenced.

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.

Whilst this has narrowed the elements slightly, it is a rather obvious, common sense approach to promissory estoppel.

Feel free to give us a call or write a message in chat. Uncritical or improperly referenced use of text from books, journals or cases will be obvious to the marker and will detract from your work. Examine the differences between the Australian law and English law in relation to promissory estoppel.

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.

Research skills are central to this assessment task.

However the current law fails to impose a duty that favours negotiating in good faith and though its application seems to support appropriate mechanisms for developing a good faith doctrine in appropriate situations.LWB Principles of Equity – Equitable Estoppel Ess Q. EQUITABLE ESTOPPEL ESSAY QUESTION 1.

Proprietary and Equitable Estoppel

THE BASIS OF THE ACTION FOR ESTOPPEL [Defendant] is seeking [property interest/enforcement of K] based upon a [promise/representation] which was made to [him/her] and which was acted upon%(1). 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.

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.

IN doing so, this paper will undertake a historical examination of equitable estoppel in Australia as well as assess the extent to which the general law has been impacted by the developments in equity.

Ultimately, a view is formed on the degree of certainty required to establish an equitable estoppel.

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.

EQUITABLE ESTOPPEL

It will further consider the case law on the doctrine of promissory. 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.

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Equitable estoppel essay
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