Fact, future and fiction: Risk and reasonable reliance in estoppel

Elise Bant, Michael Bryan

Research output: Contribution to journalArticle

1 Citation (Scopus)

Abstract

This paper argues that a common theme underpins the doctrines of estoppel by representation and convention, promissory and proprietary estoppel. In each case, it is the law's concern to respond appropriately to, and not to reward, undue risk-taking on the part of claimants in a non-contractual context. In doctrinal terms, this concern is mediated through the common requirement that the claimant must have acted in reasonable reliance on an assumption induced by the defendant. This paper concludes that the way remains open for the development of a coherent and unified doctrine of reliance-based estoppel moulded around the requirement of reasonable reliance.

Original languageEnglish
Article numbergqv006
Pages (from-to)427-452
Number of pages26
JournalOxford Journal of Legal Studies
Volume35
Issue number3
DOIs
Publication statusPublished - 1 Sep 2015
Externally publishedYes

Fingerprint

Dive into the research topics of 'Fact, future and fiction: Risk and reasonable reliance in estoppel'. Together they form a unique fingerprint.

Cite this