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Willis v Hoare: 1999

Auld LJ said of Crabb: there ‘could be no doubt as to the nature and extent of the remedy required to give effect to [the] equity’. Of JT Developments ‘the nature and terms of the equity were readily identifiable’. Auld LJ said: ‘There may be uncertainties in transactions which go to the question whether unconscionable behaviour has given rise to any detriment to the party seeking to rely on such an equity. There may be uncertainties in transactions in which unconscionable behaviour may have produced such detriment but its nature and extent are so uncertain that even equity may not be able to devise an appropriate remedy for it. There are parts that sometimes even equity cannot reach; and sometimes, as here, the two aspects of uncertainty may overlap.’
Chadwick LJ: ‘I am unable to recognise an equitable estoppel based on a representation which is so uncertain. It seems to me essential, if the respondent is to be prevented from exercising a clear legal right unless he first satisfies some condition which is to be imposed on him to meet by what is described as ‘the equity of the case’, that it should be possible to tell him what it is that he has to do. To fetter the respondent’s legal right by reference to some obligation which cannot be spelt out seems to me to be thoroughly inequitable.’
References: (1999) 77 P and CR D42
Judges: Auld LJ
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Last Update: 27 November 2020; Ref: scu.192085 br>

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