Can Promissory Estoppel Be An Independent Source of Rights?

Silink, AJ

Can Promissory Estoppel Be An Independent Source of Rights?

Silink, AJ

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Publisher:: University of Western Australia * Law School
Publication Type:: Journal Article
Citation:: The University of Western Australia Law Review, 2015, 40 (1), pp. 39 - 71
Issue Date:: 2015-12-21

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Field	Value	Language
dc.contributor.author	Silink, AJ https://orcid.org/0000-0001-7011-719X	en_US
dc.date.issued	2015-12-21	en_US
dc.identifier.citation	The University of Western Australia Law Review, 2015, 40 (1), pp. 39 - 71	en_US
dc.identifier.issn	0042-0328	en_US
dc.identifier.uri	http://hdl.handle.net/10453/43448
dc.description.abstract	This article addresses persistent uncertainty in relation to the question, ‘Can promissory estoppel be an independent source of rights under Australian law?’ A split has developed between intermediate courts of appeals in some jurisdictions on this question. This article considers the operation of stare decisis in relation to a decision of an intermediate appellate court that departs from the ratio of the High Court, and the approach which is likely to be taken by the High Court to resolving the conflict between the states.	en_US
dc.publisher	University of Western Australia * Law School	en_US
dc.relation.ispartof	The University of Western Australia Law Review	en_US
dc.title	Can Promissory Estoppel Be An Independent Source of Rights?	en_US
dc.type	Journal Article
utslib.citation.volume	1	en_US
utslib.citation.volume	40	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	open_access
pubs.consider-herdc	true	en_US
pubs.issue	1	en_US
pubs.publication-status	Published	en_US
pubs.volume	40	en_US

Abstract:

This article addresses persistent uncertainty in relation to the question, ‘Can promissory estoppel be an independent source of rights under Australian law?’ A split has developed between intermediate courts of appeals in some jurisdictions on this question. This article considers the operation of stare decisis in relation to a decision of an intermediate appellate court that departs from the ratio of the High Court, and the approach which is likely to be taken by the High Court to resolving the conflict between the states.

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http://hdl.handle.net/10453/43448