ABSTRACT

The years that followed since contractual estoppel made her first appearance saw a plethora of cases and wide variety of factual circumstances where a claimant or defendant succeeded in giving effect to contractual bargain by means of contractual estoppel. The principle is of great practical utility and has been widely applied. Its applications are not limited, as was once asserted, to enforcement of standard banking disclaimers in financial sector disputes, but are found in contexts that are as diverse as commercial life itself. This chapter examines applications which the courts have had occasion to consider, and issues which have been raised in applying the principle in the various contexts. The second edition catalogues more cases, and there is little doubt that further applications will continue to be developed as contracting parties take greater advantage of this particular aspect of their contractual autonomy, whether in a purely commercial or domestic and family setting.