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 motor hotels for the author of ensuring that a ships company is tightlipped to a promise or representation made to an new(prenominal)(prenominal) c tot totallyyer who relies upon this promise or representation . This intervention by the courts prevents the troupe relying upon the promise from suffering injustice if the promise or representation is being shamion . Its posit arose because the rigid adherence to the customary equity touch requiring all contracts to be accompanied by circumstance conduct to some(prenominal) unjust outcomes . This lead to the tuition of a dogma in equity much(prenominal) that under legitimate tidy sum parties could be held to promises which were unaccompanied by consideration . This is the ruler of equitable estoppel . ecclesiastical Denning of this prescript of promissory estoppel is , A remedy has been piece . The rowdiness of common law has been amend Equity has stretched its tender perplex it out to the debtorAlthough the principle was counterbalance referred to in the causa of Hughes v Metropolitan Railway Co in 1877 , it became more officially established in law by master key Denning in the geek of Central capital of the United Kingdom Property verify Ltd v High Trees House Ltd , and a full explanation of the principle was given by Lord Denning in the fount of Combe v CombeThe case which made titan strides in enabling the principle of estoppel to enforce voluntary understandings is the conclusion of the High cost of Australia in Waltons Stores (Interstate ) Ltd v Maher . In this case an pledge took charge between the two parties whereby Maher would rent a piece of play to Waltons Stores . sooner entering the lease pact the Waltons required the devastation of the exist building and its replacement with a 14 ,000 second military unit foot building which would servicing as a major(ip) retail 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 notion that the finalisation of the lease would be a mere formality . Waltons withdrew and Maher commenced legal proceedings against them , eventually in the High compress of Australia , it was decided that equitable estoppel was relevant when one company to a relationship made a representation to an another(prenominal) 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 whence . In case the other party decides not to take on out its part of the agreement , accordingly equity allows the court to estop this infidelity . In their mind mason CJ and Wilson J express that The appellant s inaction , in all the circumstances , comprise clear encouragement to the respondents to stretch to act on the home of the assertion which they had made . It was horrid for it clear-sighted that the respondents were exposing themselves to detriment by acting on the hindquarters of a false assumption , to adopt a work of inaction which encouraged them in the course they...If you want to get a full essay, put it on our website: Ordercustompaper.com

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