LAWG 100D2 Lecture Notes - Lecture 18: Arbitration Clause, Parol Evidence Rule, Unconscionability
23 Jan 2018
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Walton stores (interstate) ltd. v. maher [1988] cml australia. Promissory estoppel as a sword in the absence of a contract promissory estoppel as a cause of action unconscionability. Facts: w negotiated with m to lease some of m"s land. As a condition, m would demolish the structure currently occupying the land and build a new one to w"s specifications. M"s lawyer sent it back with a few amendments and said that it was essential to start construction soon (nov 7). W"s lawyer said that he had been told orally the amendments were acceptable, sent m a redrafted lease and promised to confirm with m soon. M signed the lease, sent it to w and began demolishing the building (nov 11). W"s lawyer told them that they were not yet bound, even though they were aware that demolition was proceeding. They waited until january 19 to tell m that they were not going to go through with the deal.
