- “...The principles of equity have sought to repair injustice from gaps left in the common law of contract, however, they confer an excessive discretion upon the Court that undermines the clarity and certainty that the common law rules of contract themselves otherwise provide...”
Critically Analyse the above statement by way of reference to the following two cases:
- Waltons Stores Interstate Ltd v Maher (1998) 164 CLR 387 (Promissory Estoppel) and
- Commercial Bank v Amadio (1983) 151 CLR 447 (Unconscionable conduct)
In your answer, with respect to each of the above cases/areas of law, you should also refer to at least one recent case in each area of law that applies these case authorities to support your point of view.
