This is a sample of our (approximately) 4 page long Estoppel notes, which we sell as part of the Restitution of Unjust Enrichment Notes collection, a Distinction package written at University Of Oxford in 2014 that contains (approximately) 91 pages of notes across 13 different documents.
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CHANGE OF POSITION AND ESTOPPEL COMPARISON
1. All or nothing I. Avon CC v Howlett - showed how estoppel can operate only as an all or nothing defence. Lipkin Gorman v Karpnale - showed how change of position,
divorced from the rule of evidence strictures of estoppel, can operate in a pro tanto fashion.
2. Burrows view on this
- The pro tanto fashion is more appropriate for UE as it can be
geared to the precise extent of the loss of enrichment He's anti-estoppel and hope that change of position will supplant estoppel completely in UE - although he accepts estoppel should
not disappear in other areas of law
3. Maddaugh's view
- As long as estoppel remains it gives the defendant who can satisfy its more stringent requirements an unwarranted complete defence
WHAT IS IT?
- Burrows - the essence of the defence is that D has detrimentally relied on a representation from C that the benefit is his to keep. Where it is established, it is an all or nothing defence - as opposed to change of position which is pro tanto
2. When has it applied?
- It's only ever been applied in the context of mistaken payment. Otherwise, it would be very rare that C would ever say D can have the benefit to keep
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