Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/22305
Title: Contractual damages and post-Sidhu proprietary estoppel: A further blow to the Statute of Frauds?
Contributor(s): Wen, Wei (author)
Publication Date: 2015
Open Access: Yes
Handle Link: https://hdl.handle.net/1959.11/22305
Open Access Link: https://ssrn.com/abstract=2661876Open Access Link
Abstract: After the High Court's decision in Sidhu v Van Dyke, Australian proprietary estoppel is no longer fettered by the minimum equity principle in deciding quantum of relief. This estoppel may offer monetary compensation reflecting market value in informal land contracts cases. Informal contracts are rendered unenforceable by the Statute of Frauds, meaning contractual damages are not available. In this regard post-Sidhu proprietary estoppel appears to be a blow to the Statute of Frauds. This article argues that the estoppel does not completely undermine the Statute of Frauds. That is because the estoppel does not compensate for loss of profits as contractual damages do. Contractual damages and equitable compensation are measured by two different sets of mechanisms and oriented by different criteria. The amount awarded by post-Sidhu proprietary estoppel may lie somewhere between pre-Sidhu proprietary estoppel and contractual damages. Although post-Sidhu proprietary estoppel has commercial significance, it is still not as good as contractual damages in monetary terms. In this regard, post-Sidhu proprietary estoppel may still be fettered by the minimum equity principle in a more hidden way.
Publication Type: Journal Article
Source of Publication: Property Law Review, 5(1), p. 32-40
Publisher: Thomson Reuters (Professional) Australia Ltd
Place of Publication: Australia
ISSN: 1838-3858
Field of Research (FOR): 180112 Equity and Trusts Law
180124 Property Law (excl. Intellectual Property Law)
180105 Commercial and Contract Law
Socio-Economic Outcome Codes: 970118 Expanding Knowledge in Law and Legal Studies
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
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Appears in Collections:Journal Article
School of Law

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