ABSTRACT
The principle of contractual estoppel is of great practical utility and has been widely applied. Its applications are not limited to enforcement of standard banking disclaimers in financial sector disputes, but may be found in contexts that are as diverse as commercial life itself. This chapter examines those which the courts have had occasion to consider, and there is little doubt that further applications will be developed as commercial parties take greater advantage of this particular aspect of their contractual autonomy. A defendant to an action in misrepresentation may respond by relying on contractual terms to estop the claimant from establishing facts on which the action is founded. Barring misrepresentation actions is one of the more widespread applications of contractual estoppel. Contractual estoppel may determine the outcome of an inquiry into the state of knowledge of a party and compel the conclusion that the party has or had no knowledge that would expose her to liability.
