JSB171 Lecture Notes - Lecture 1: Estoppel
Document Summary
Textbook: 189, q & a: 24, 32, study guide: 60. In the event that the preceding avenues cannot be satisfied, x may be able to obtain a remedy by raising an estoppel. It must be shown that there is not merely an agreement in existence, but must be further shown that it was actually enforceable (powercell v cuzeno). The remedy yielded by an equitable estoppel is the minimum equity required to do justice. The remedy must be proportionate to the detriment suffered (commonwealth v verwayen). The approach seems to be to make good the assumption unless in the circumstances that would be inequitably harsh to y, in which case a lesser remedy will be appropriate (giumelli v giumelli).
