ABSTRACT

This discretionary power which we have observed in proprietary estoppel above is in common with the fundamental tenets of equity that it should do justice between the parties in individual cases. In that sense, equitable estoppel is in line with the doctrine in Rochefoucauld v Boustead and doctrines such as secret trusts. It accords with the Greek attitude to ‘equity’ that it achieves a better result than formalistic ‘justice’ in cases where it is applied between the parties. As with many equitable doctrines its shortcoming is that it sees the actionable detriment as being focused primarily on expenditure of money and less often on ‘detrimental’ acts which have no pecuniary effect.