Private Law Theory

Abstract
In Australia, proprietary estoppel attracts the prima facie remedy of expectation relief. This article argues that this remedial approach can be understood simply as a presumption of fact, providing a practical starting point that reflects the frequency with which cases justifying expectation relief are brought. This understanding of the remedial approach is consistent with the aim of the doctrine, which is (and remains) the avoidance of detriment. The article suggests that the remedial approach does provide, and ought to be understood as providing, only a weak default position. This position encourages judges to be alive to the facts of particular cases in framing the appropriate relief.

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Ying Khai Liew, The ‘Prima Facie Expectation Relief’ Approach in the Australian Law of Proprietary Estoppel, Oxford Journal of Legal Studies, https://doi.org/10.1093/ojls/gqy038. Published: 19 December 2018.

First posted 2018-12-26 06:14:28