Unifying estoppel doctrine: The argument for heresy
Michael Bryan
(2013) 7(3) Journal of Equity 171
Michael Bryan, ‘Unifying estoppel doctrine: The argument for heresy’ (2013) 7(3) Journal of Equity 209
Abstract
In Waltons Stores (Interstate) Ltd v Maher Mason CJ and Deane J proposed models for unifying the various heads of estoppel. The proposals have been ignored in most later decisions, and judicial and academic orthodoxy favours the retention of the separate heads. The article argues that there are convincing answers to the objections to unification, and goes on to assess the models proposed in Waltons Stores.