ABSTRACT
This chapter considers the place of contractual estoppel among other categories of estoppel. It considers the issue, raised both judicially and academically, whether contractual estoppel is really an estoppel, or an anomaly, or altogether a misnomer. The chapter examines historical origins of contractual estoppel, explains the principled basis for it and concludes that contractual estoppel is a true legal estoppel. It answers academic and judicial criticism of the concept and dispels doubts and misconceptions in the proper understanding of it. The distinction of contractual estoppel from equitable reliance-based estoppels is demonstrated in detail, both at the general level of principle and at the granular level of specific ingredients for reliance-based estoppels. There are also considered, and explained the subtle but important distinction of contractual estoppel from and its affinity with estoppel by deed. Potential for confusion is greatest with estoppel by convention and estoppel by deed, and crucial distinctions of contractual estoppel from both are carefully identified and explained in detail.
