Open Access Research Article
"Judicial Onslaught on Some Common Law Traditionalist Ghost Militating against the Principle of Estoppel" (By Durotolu, Olusegun)
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It is apparent that the preponderance of
judicial opinion was that estoppel could not be used to create a new cause of
action. This was because the Courts felt that the requirement of consideration
was too essential in contractual relations so that a party who failed to
furnish consideration should not be allowed to sue a promisor or representor.
In essence, the promissee could only use the principle of estoppel or
promissory estoppel as a shield, or a defensive weapon to the suit initiated at
the instance of the promisor. This rule that estoppel could only be used as a
shield has resulted in the emergence of hard cases. Most times, litigants could
not get justice as a result of this rule. This paper recommended a double soul
of estoppel where estoppel could be used both as a sword and a shield, and also
the judicial demolition of other relics forbidding the attainment of justice
through the instrumentality of the principle of estoppel.
Article Information
"Judicial Onslaught on Some Common Law Traditionalist Ghost Militating against the Principle of Estoppel" (By Durotolu, Olusegun)
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- Journal IJLRA
- ISSN 2582-6433
- Published 2022/04/21
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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