Lecture 4 BFA601 Semester 1 2018.pptx

Central london property trust ltd v high trees house

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Central London Property Trust Ltd v High Trees House Ltd [1947] CONSIDERATION Promissory estoppel (3.71) CONSIDERATION Promissory estoppel (3.71)
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© 014 Reed International Books Australia Pty Limited trading as LexisNexis Under English law estoppel cannot be used to enforce a promise Combe v Combe [1951] Has the promisee acted to their disadvantage? Je Maintiendrai Pty Ltd v Quaglia (1980) Legione v Hateley (1983) CONSIDERATION Promissory estoppel (3.73) cont. CONSIDERATION Promissory estoppel (3.73) cont.
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© 014 Reed International Books Australia Pty Limited trading as LexisNexis Australian law is different to English law on estoppel Under Waltons a party can enforce a contract under promissory estoppel Note: Austotel Pty Ltd v Franklins Self-Serve Pty Ltd CONSIDERATION Waltons Stores (interstate) Ltd v Maher (1988) (3.75) CONSIDERATION Waltons Stores (interstate) Ltd v Maher (1988) (3.75)
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BFA506 Semester 1 2016 25 Promissory Estoppel BUT the High Court of Australia has confirmed that, in Australia, promissory estoppel may also be used as a SWORD The case of Walton Stores v Maher 1988 Since this case promissory estoppel has been used widely in Australia
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Waltons Stores (Interstate) Ltd v Maher (LAWS2381) Walton Stores negotiated to lease land from the Mahers. There was a condition that the Mahers demolish the existing building and build a new one as per Walton’s specifications. Maher’s solicitors prepared an agreement which included some modifications, sent it to Waltons solicitors which said they would let them know by tomorrow if they disagreed with the modifications. No further communication was made. Maher signed the contract, gave it to Walton, who delayed signing the contract even though he knew Maher began demolishing the building and building the new one. Finally, when the building was already 40% completed, Walton backed out and refused to sign. BFA601 Semester 1 2018 26
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Waltons Stores continued The estoppel is based on the unconscionability of encouraging an assumption and then departing from it to the detriment of another. For estoppel to found an action, the party sued must have acted unconscionably and to the detriment of the party suing. When is conduct unconscionable? The fact that having created an assumption that a contract will come into existence or that a promise will be performed or not insisted upon and then remaining silent, while knowing that the other party was relying on the ssumption to his detriment, would be sufficient to establish unconscionable conduct. Waltons was aware of Maher’s actions (in demolishing the old building and starting to build the new one) and yet did nothing either to correct the assumption or to stop Maher from continuing even though it had taken the decision not to lease the premises.
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