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 motive of ensuring that a ships company is faithful to a promise or representation made to an former(a)(a) c tot in allyer who relies upon this promise or representation . This intervention by the courts prevents the troupe relying upon the promise from bedevilment injustice if the promise or representation is being shamion . Its wishing arose because the rigid adherence to the common law touch requiring all contracts to be accompanied by consideration conduct to several(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 rationale of equitable estoppel . churchman Denning of this linguistic rule of promissory estoppel is , A remedy has been piece . The sharpness of common law has been relieved Equity has stretched its tender mickle 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 bargain took charge amid 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 alert building and its replacement with a 14 ,000 second top executive f oot building which would serve as a major(ip! ) retail outlet for them .

Maher was under the commonly held impression that such inactiveness and silence amounted to encouragement or assurance that something would pass on , and in this case led Maher to rely on the legal opinion that the finalisation of the lease would be a mere formalness . Waltons withdrew and Maher commenced legal proceedings against them , eventually in the High womanize of Australia , it was decided that equitable estoppel was applicable when one companionship to a relationship made a representation to another party that either something was going to make up place or that it would ta ke 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 popular opinion mason CJ and Wilson J stated that The appellant s inaction , in all the circumstances , constituted clear encouragement to the respondents to watch to act on the foothold of the assumption which they had made . It was conscienceless for it clear-sighted that the respondents were exposing themselves to detriment by acting on the basis of a false assumption , to adopt a unravel of inaction which encouraged them in the course they...If you want to stick to a full essay, order it on our website: OrderCustomPaper.com

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