Episode 5: Estoppel in Equity (Special Solo Edition) episode artwork

EPISODE · Jun 2, 2025 · 15 MIN

Episode 5: Estoppel in Equity (Special Solo Edition)

from The Doctor and Student · host Sarah McKibbin

A special solo lecture by Dr Sarah McKibbin, recorded to ensure students have the essential material while our regular dialogue episode is still in production.Sarah takes you on a journey through one of equity's most practical doctrines — estoppel. Starting with the story of David Stone, who worked a farm for 23 years based on a promise of inheritance, this lecture explores when and why the law holds people to their promises even without a contract.This narrative lecture weaves together:Why William Money couldn't rely on a promise of debt forgiveness in the 1840s, and how that revealed a crucial gap in the lawThe wartime promise that launched promissory estoppel (and why Denning J's most important words were technically just 'obiter')How the Mahers' demolished building in Nowra changed Australian law foreverThe human story behind Kramer v Stone — substandard housing, holes in the roof, and a third of average wages for decadesWhy the High Court's 2024 decision in Kramer matters: when is a promise itself enough?Justice Gleeson's powerful dissent in Kramer and what it reveals about ongoing tensions in the lawThe difference between standing by silently (acquiescence) and making promises (encouragement) — and why it mattersWhen courts award money versus making promises come trueNote: This solo lecture was recorded to support student learning while our regular conversational episode is being produced. The full episode with our student co-host will explore these themes through dialogue and additional examples.Key pointsDuration: 15:06Format: Narrative journey through estoppel's developmentFocus: Making complex doctrine accessible through stories and clear explanationEssential listening before classes on equitable estoppelProduced by Dr Sarah McKibbin for the University of Southern Queensland

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Episode 5: Estoppel in Equity (Special Solo Edition)

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