Abstract:
Various reform proposals have been suggested in respect of common law estoppels and equitable estoppels in the pursuit of coherence between doctrine and norm. Before any decisive steps are taken, it is important to be sure of the true normative foundations informing common law estoppels. This article offers an alternative account of those foundations, with a view to arguing that within the realm of estoppels, coherence is best served by a rational separation of the categories of estoppels, rather than unification. Common law estoppels and equitable estoppels do not share a common purpose or themes upon which a unified doctrine of estoppel can be built. This article concludes by exploring the implications arising from maintenance of the division between the categories of estoppels, including the control mechanisms that limit the operation and effect of common law estoppels and, in particular, estoppels in pais.
Jessica Hudson, The Price of Coherence in Estoppels, Sydney Law Review 39:1 (2017).
First posted 2017-05-11 13:58:02
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