Can Promissory Estoppel Be an Independent Source of Rights?

33 Pages Posted: 22 Jul 2019

See all articles by Allison Silink

Allison Silink

University of Technology Sydney, Faculty of Law

Date Written: December 21, 2015

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.

Suggested Citation

Silink, Allison, Can Promissory Estoppel Be an Independent Source of Rights? (December 21, 2015). University of Western Australia Law Review, Vol. 40, No. 1, 2015. Available at SSRN: https://ssrn.com/abstract=2824909

Allison Silink (Contact Author)

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

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