Journal article

Estoppel, Misleading Conduct and Equitable Fraud

Elise Bant, Jeannie Paterson

Journal of Equity | LexisNexis | Published : 2019

Abstract

The ancient doctrines of equitable fraud now cohabit an environment in which statute is a growing presence. The doctrines of estoppel and statutory regimes that regulate misleading conduct provide striking examples of the increasingly complex ways in which equitable fraud and statute interact. This article will consider a series of cases which highlight the powerful gravitational influence that statute can bring to bear on such ancient equitable principles, guiding their operation and development in quite distinct ways, and inviting their divergence from traditional limitations. The article offers the opportunity to consider the potential of an increasingly integrated common law, equitable an..

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