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- Title
WILLPOWER HAS NO VOLTAGE: PROBLEMS WITH CAUSATION IN EQUITABLE ESTOPPEL.
- Authors
WARD, J. K.; PUTTICK, STEPHEN
- Abstract
In Yeoman's Row Management Ltd v Cobbe, Lord Walker opined that "... equitable estoppel is a flexible doctrine which the court can use ... to prevent injustice caused by the vagaries and inconsistency of human nature. But it is not a sort of joker or wild card to be used whenever the court disapproves of the conduct of a litigant who seems to have the law on his side". Such colourful descriptions of equitable estoppel are not difficult to find. Professor Birks once described estoppel as a volcano in the law... destabilised and which is seeking a new stability. This article seeks to identify, clarify, and explore the three forms of causal questions that inform equitable estoppel. The discussion is significant because causal issues arise across the estoppel inquiry. Causation operates as a brake on liability which demarcates reparative responsibility and in so doing performs important normative work.
- Subjects
CAUSATION (Criminal law); EQUITABLE estoppel
- Publication
University of Western Australia Law Review, 2022, Vol 49, Issue 1, p230
- ISSN
0042-0328
- Publication type
Article