Law - Waltons Stores Interstate Ltd v Maher 1988 164 CLR 387 - Assignment Help

Law Waltons Stores Interstate Ltd v Maher 1988 164 CLR 387 Assignment Help

Assignment Task:

Question
Despite the landmark decision of the High Court in Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387, there continues to be considerable uncertainty in
relation to both promissory and proprietary estoppel in Australia, including:
• The nature of the representation required to found each form of estoppel;
• Whether promissory estoppel can, like proprietary estoppel, be used as a 'sword' to enforce newly- created rights arising for the first time from a representation as to future conduct (with New South Wales courts suggesting it may not be possible for promissory estoppel to be used as a sword); and
• The remedial principles to be applied if a proprietary or promissory estoppel is made out (with divergence between a 'minimum equity' approach and an 'enforcement of the expectation' approach).

Discuss each of these areas of uncertainty in detail with reference to all relevant Australian court decisions, as well as secondary legal materials such as articles and
legal texts.
 

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