Contracts 1 PASS Week 7

Equitable estoppel responds to

• Unconscionability

• Improper performance

• No consideration given

Equitable estoppel responds to the injustice that follows from a person unconscionably reneging on a gratuitous

Equitable principles and remedies and common law principles and remedies come from the same legal traditions of judge-made law

• True

• False

Generally speaking

• Common law is stricter and more ambiguous

• Equity is more discretionary and offers a wider range of remedies

• Common law is stricter and more certain

• Equity is more discretionary and offers fewer remedies

Can Australian Courts apply both sorts of legal principles to resolve a case?

• Yes

• No

Common law estoppel prevents a person from...

• Unjustly departing from an assumption or representation

• Unjustly departing from an observation or representation

• Of a past or existing fact that the other party has relied upon to their detriment

• Of a past or existing fact that the plaintiff has relied upon to their detriment

Common law estoppel is a rule of evidence, not a cause of

Common law equity does not make parties comply with intentions or promises

• True

• False

Where a promise is made which, to the knowledge of the promisor, is going to be acted upon by the person to whom it is made, the promisor will not be allowed to renege or act inconsistently with the promise. This is from which case?

• Central London Property Trust Ltd v High Trees House Ltd

• Carlill v Carbolic Smoke Ball Co Ltd

• Combe v Combe

• Walton Stores (Interstate) Ltd v Maher

Walton Stores v Maher determined...

• The principle that equity will come to the relief of a plaintiff who has acted to his detriment on the basis of a basic assumption

• The principle that equity will come to the relief of a defendant who has acted to his detriment on the basis of a basic assumption

• In relation to which the other party to the transaction 'has played such a part in the assumption that it would be unfair or unjust if he were left free to ignore it'

• In relation to which the other party to the transaction 'has play such a part in the representation that it would be unfair or unjust if he were left free to ignore it'