Australian law recognises a broad unified doctrine of estoppel requiring detriment and unconscionability, potentially extinguishing rather than merely suspending rights.
contract
On termination of a building contract, a builder may recover reasonable value of work done in restitution, subject to the contract price as a ceiling where work was performed under a valid contract.
Bank late payment fees are not penalties where they represent a genuine pre-estimate of loss or protect a legitimate interest of the stipulating party.
High Court of Australia examined the principles governing rectification of written contracts for common intention and unilateral mistake in equity.
Get a detailed analysis of Commonwealth v Verwayen and how it applies to your situation.
Explain Commonwealth v Verwayen