ABSTRACT
A contract by which the parties agree a certain state of affairs as between them may be enforced not by an award of damages or an order of specific performance but by raising contractual estoppel which compels determination of the parties’ rights and liabilities on the agreed basis. Cases in which the principle first originated and came to be established are examined. Juridical basis for the principle is explored, both as a matter of substance and as a matter of rules of precedent. Conditions for the application of the principle are identified and explained, with reference to and discussion of specific cases that show the sheer variety of factual circumstances and contractual language that can engage the principle. Important distinctions are drawn, including the distinction between estoppel-raising terms and contractual warranties and representations. Difficult problems of characterisation are considered, together with their implications for the resolution of practical issues of contract enforcement. The chapter culminates in an expanded statement of the principle.
