What Impact Did The High Court’s Decision In Walton Stores (interstate) Ltd V Maher (1988) 164 Clr 387 Have On The Development Of The Law Of Estoppel In The Context Of Contract Law? Then Briefly Compare(500 Words Max) The Legal Position In Australia With

Promissory or trustworthy estoppel has been developed by the courts for the purpose of ensuring that a ships company is faithful to a promise or representation made to an some former(a) c tot each(prenominal)yer who relies upon this promise or representation . This intervention by the courts prevents the troupe relying upon the promise from hurt injustice if the promise or representation is being shamion . Its essential arose because the rigid adherence to the common law touch requiring all contracts to be accompanied by consideration conduct to some(prenominal) unjust outcomes . This led to the development of a dogma in equity much(prenominal) that under certain tidy sum parties could be held to promises which were unaccompanied by consideration . This is the prescript of equitable estoppel . cleric Denning of thi s normal of promissory estoppel is , A remedy has been piece . The stiffness of common law has been relieved Equity has stretched its tender overturn out to the debtorAlthough the principle was first referred to in the causa of Hughes v Metropolitan Railway Co in 1877 , it became more formally established in law by Lord Denning in the geek of Central London Property verify Ltd v High Trees House Ltd , and a full explanation of the principle was given by Lord Denning in the case of Combe v CombeThe case which made giant strides in enabling the principle of estoppel to enforce voluntary understandings is the decision of the High cost of Australia in Waltons Stores (Interstate ) Ltd v Maher . In this case an apprehension took charge between the two parties whereby Maher would rent a piece of play to Waltons Stores . in front entering the lease agreement the Waltons required the devastation of the vivacious building and its replacement with a 14 ,000 second indicant foot building which would serve as a major(! ip) sell outlet for them .

Maher was under the commonly held impression that such inaction and silence amounted to encouragement or assurance that something would pass on , and in this case led Maher to rely on the precept that the finalisation of the lease would be a mere formalness . Waltons withdrew and Maher commenced legal proceedings against them , eventually in the High solicit of Australia , it was decided that equitable estoppel was applicable when one caller to a relationship made a representation to another party that either something was going to make up place or that it would take place in the future causing the other party to act accordingly . In case the other party decides not to carry out its part of the agreement , accordingly equity allows the court to estop this infidelity . In their sagaciousness mason CJ and Wilson J stated that The appellant s inaction , in all the circumstances , constituted clear encouragement to the respondents to impact to act on the ground of the assumption which they had made . It was usurious for it clear-sighted that the respondents were exposing themselves to detriment by acting on the basis of a false assumption , to adopt a of course of inaction which encouraged them in the course they...If you want to wreak a full essay, order it on our website: OrderEssay.net

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