Protecting Reliance
The Emergent Doctrine of Equitable Estoppel
By: Michael Spence
About This Book
One party induces an assumption in the mind of another. Australian law has arguably given expression to three moral duties relating to induced assumptions: the duty to keep promises,the duty not to lie and the duty to ensure the reliability of induced assumptions. This book expounds the third of these duties and shows how it can be used to shape 'equitable' estoppel, a doctrine emerging from the decisions of the High Court of Australia in Waltons Stores and Verwayen. It does not purport to cover the entire law of estoppel, but does examine, analytically, how the doctrine might operate in a series of problematic cases at the edge of contract law.
AI Overview
"Protecting Reliance: The Emergent Doctrine of Equitable Estoppel" by Michael Spence is a legal treatise that delves into the concept of equitable estoppel, particularly focusing on the duty to ensure the reliability of induced assumptions. Here is a comprehensive overview of the book:
Key Themes
- Equitable Estoppel: The book explores the doctrine of equitable estoppel, which arises when one party induces an assumption in the mind of another. It examines how this doctrine operates in Australian law, particularly through the decisions of the High Court of Australia in cases like "Waltons Stores" and "Verwayen" .
- Moral Duties: The work discusses the three moral duties related to induced assumptions: the duty to keep promises, the duty not to lie, and the duty to ensure the reliability of induced assumptions. It focuses on the third duty and how it shapes equitable estoppel .
- Contract Law: The book analyzes how equitable estoppel might operate in problematic cases at the edge of contract law, providing an in-depth examination of its application and implications .
Plot Summary
The book does not have a traditional narrative plot but rather a scholarly and analytical approach to the legal doctrine of equitable estoppel. It aims to expound the third moral duty related to induced assumptions and demonstrate how this duty can be used to shape equitable estoppel. The author provides a detailed analysis of the doctrine's emergence and its operation in various legal contexts, particularly in Australian law.
Critical Reception
While there is no specific critical reception available in the provided sources, the book is likely to be well-received by legal scholars and practitioners due to its in-depth analysis of a significant legal doctrine. The book's focus on emerging legal concepts and its analytical approach to complex cases would make it a valuable resource for those interested in contract law and equitable estoppel.
Availability
The book is available in various formats, including hardcover and paperback, from retailers like Walmart, ThriftBooks, and Wildy . It is also listed on Better World Books, indicating its availability in used bookstores .
Author's Background
Michael Spence is an author known for his contributions to legal literature. His work on "Protecting Reliance" reflects his expertise in contract law and equitable estoppel, making him a credible source for legal scholars and practitioners .
In summary, "Protecting Reliance" by Michael Spence is a comprehensive legal treatise that explores the doctrine of equitable estoppel, focusing on the duty to ensure the reliability of induced assumptions. It provides an in-depth analysis of this doctrine in Australian law, making it a valuable resource for those interested in contract law and its complexities.