Estoppel : how far does the English doctrine find application or analogy in Maltese civil law and civil procedure?

Abstract

The relationships between parties in civil transactions are generally regulated by a strict application of statutory provisions and contractual terms. However, there are situations where such an application would negate equity; consequently judicial authorities seek alternative measures so that justice may prevail. One such tool is the doctrine of estoppel, which is widely used in Common Law jurisdictions. As an introduction to this study, I outlined the aims of this thesis, analysing the development of the doctrine and evaluating the measures used by Maltese courts to cater for situations which call for an application of equitable principles rather than a strict application of law. Chapter 1 looks at how this doctrine developed through the centuries and evolved to cater for modern day legal disputes. Chapter 2 considers promissory estoppel, possibly the most commonly used form of estoppel, which addresses situations where a party promises a benefit to another and later seeks to renege such promise. At a glance, Chapter 3 delves into other forms of equitable estoppel, mainly those arising in disputes related to property and where silence or inaction is deemed to imply acquiescence to a state of affairs. Chapter 4 probes the constitutive elements of estoppel, mainly that a clear and unambiguous representation was made and subsequently relied upon, hence making it unconscionable to deny such representation. Chapter 5 evaluates the operation of Maltese courts in disputes which in Common Law jurisdictions could have called for the use of estoppel. It also looks at provisions in 5 Maltese law which resemble certain categories within the vast spectrum of the doctrine of estoppel. Finally, the conclusion of this thesis contains an evaluation of estoppel, coupled with observations which emerged from this study, mainly as a result of an appraisal of the vast body of case-law both Maltese and foreign.