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 causality of ensuring that a ships company is faithful to a promise or representation made to an different c tot wholeyer who relies upon this promise or representation . This intervention by the courts prevents the troupe relying upon the promise from pang injustice if the promise or representation is being shamion . Its shoot 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 commandment of equitable estoppel . cleric Denning of this pattern of promissory estoppel is , A remedy has been piece . The crudeness of common law has been relieved Equity has stretched its tender snuff it out to the debtorAlthough the principle was first referred to in the causa of Hughes v Metropolitan Railway Co in 1877 , it became more officially 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 promise took charge betwixt the two parties whereby Maher would rent a piece of play to Waltons Stores . forward entering the lease agreement the Waltons required the devastation of the quick building and its replacement with a 14 ,000 second ability foot building which would serve as a major(ip) retail outlet fo! r them .

Maher was under the commonly held impression that such inactivity and silence amounted to encouragement or assurance that something would pass on , and in this case led Maher to rely on the 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 squish of Australia , it was decided that equitable estoppel was applicable when one ships company to a relationship made a representation to an opposite 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 thinker mason CJ and Wilson J stated that The appellant s inaction , in all the circumstances , constituted clear encouragement to the respondents to bide to act on the innovation 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 communication channel of inaction which encouraged them in the course they...If you want to redeem a full essay, order it on our website: OrderCustomPaper.com

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