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Estoppel: " nature of " does not create rights of action where none existed c
Estoppel can be crystallised as playing an evidentiary role. It prevents a party who has made some representation from establishing a position contrary to his or her averment. It does not create rights of action where none existed. It is generally pleaded in replication. Its sole function is either to place an obstacle in the way of a case which might otherwise succeed, or to remove an impediment out of the way of a case which might otherwise fail. It has no further function. It is not a cause of action in itself, nor does it create one. Any cause of action must be based on some pre-existing right held against the defendant and a promissory estoppel may either complete the plaintiff's case (say, by negating one of the defendant's contractual defences), or it may be invoked by a defendant to defend against the assertion of the plaintiff's strict legal rights. In other words, a promise can only raise an estoppel if the promisor and the promisee have a pre-existing legal relationship. f
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