Doing the Same Work? Estoppel by Convention and Failure of Basis

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Abstract

There are obvious similarities between claims asserting an estoppel by convention and unjust enrichment claims where a failure of basis is alleged. Despite this, the relationship between the two is largely unexplored. This article seeks to fill that gap. It explicates the elements of, and issues arising in relation to estoppel by convention and failure of basis, then elucidates the areas of overlap between the two, the areas where there is none, and the consequences of each.
Original languageEnglish
Pages (from-to)64-105
Number of pages42
JournalUniversity of Western Australia Law Review
Volume50
Issue number2
Publication statusPublished - Jun 2023

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