ESTOPPEL
1 GENERAL OVERVIEW AND INTRODUCTION TO ESTOPPEL
SELF-ASSESSMENT
(1) Explain the concept ``estoppel'' and give an example.
Estoppel is a doctrine which operates in the following circumstances: Where one person represents to another
that a certain set of facts exists, and the other, as a result of such representation, alters his or her own legal
position to his or her detriment, the person making the representation is precluded or estopped from asserting
that a different set of facts actually exists.
2 THE ENGLISH AND SOUTH AFRICAN LAW OF ESTOPPEL
SELF-ASSESSMENT
(1) Briefly describe how the reception of the English law of estoppel into South African law took place.
Remember that for a proper and thorough grasp of estoppel in our modern law, you need to read the historical
development of estoppel in English law and study its reception into South African law.
The fact that estoppel originated from English law (ie a common law legal system) inevitably meant that it was
not entirely compatible with the South African civil law heritage. However, estoppel eventually developed its
own South African flavour and without it our law would be much the poorer.
(2) Are South African courts bound by the decisions of the English courts concerning the law of estoppel?
Explain.
Consider the implications if the English law of estoppel had to be strictly adhered to in a South African context.
Among other things it would mean that every development peculiar to the English law would have to be
applied in South African law. Remember that while English law has had a profound influence on South African
law, it has not replaced Roman-Dutch law. Also bear in mind differences between the English concept of
estoppel (see 2.3) and the concept as it has evolved in the modern South African law (refer to 1.2.1 in study
unit 1).
(3) Critically discuss Steyn CJ's opinion in Trust Bank van Afrika Bpk v Eksteen 1964 (3) SA 402 (A) concerning
the authority of English case law on the law of estoppel for South African courts.
Note that the answer to this question overlaps with the previous one. Have you considered whether a
compromise approach to the issue of (the influence of) English law is more feasible than an extreme one? You
will also note from studying the study guide that a fairly comprehensive body of South African case law has
developed on estoppel and that it rarely happens that a court looks for guidance in English law to resolve some
estoppel-related issue. Nevertheless, English law provides a convenient and useful point of reference.
3 REQUIREMENTS FOR A SUCCESSFUL RELIANCE ON ESTOPPEL: INTRODUCTION;
MISREPRESENTATION
Scenario 1
A, the owner of a cow which had previously disappeared, recognised the cow at an auction
but failed to say anything when it was sold to B. Can A be prevented from claiming the cow
with the rei vindicatio?
Is based on the facts of Maling v Hargreaves 25 SC 123 discussed in paragraph 3.2.3 above and
provides an apt illustration of circumstances in which the estoppel-denier could reasonably
have been expected to act positively and speak. Bear in mind that such instances are the
exception rather than the rule. Try to think of more examples.
Scenario 2
C entrusts his car to D for safekeeping and D proceeds to sell the car to E. Will E be able to
plead estoppel successfully when C claims his car with the rei vindicatio?
1
1 GENERAL OVERVIEW AND INTRODUCTION TO ESTOPPEL
SELF-ASSESSMENT
(1) Explain the concept ``estoppel'' and give an example.
Estoppel is a doctrine which operates in the following circumstances: Where one person represents to another
that a certain set of facts exists, and the other, as a result of such representation, alters his or her own legal
position to his or her detriment, the person making the representation is precluded or estopped from asserting
that a different set of facts actually exists.
2 THE ENGLISH AND SOUTH AFRICAN LAW OF ESTOPPEL
SELF-ASSESSMENT
(1) Briefly describe how the reception of the English law of estoppel into South African law took place.
Remember that for a proper and thorough grasp of estoppel in our modern law, you need to read the historical
development of estoppel in English law and study its reception into South African law.
The fact that estoppel originated from English law (ie a common law legal system) inevitably meant that it was
not entirely compatible with the South African civil law heritage. However, estoppel eventually developed its
own South African flavour and without it our law would be much the poorer.
(2) Are South African courts bound by the decisions of the English courts concerning the law of estoppel?
Explain.
Consider the implications if the English law of estoppel had to be strictly adhered to in a South African context.
Among other things it would mean that every development peculiar to the English law would have to be
applied in South African law. Remember that while English law has had a profound influence on South African
law, it has not replaced Roman-Dutch law. Also bear in mind differences between the English concept of
estoppel (see 2.3) and the concept as it has evolved in the modern South African law (refer to 1.2.1 in study
unit 1).
(3) Critically discuss Steyn CJ's opinion in Trust Bank van Afrika Bpk v Eksteen 1964 (3) SA 402 (A) concerning
the authority of English case law on the law of estoppel for South African courts.
Note that the answer to this question overlaps with the previous one. Have you considered whether a
compromise approach to the issue of (the influence of) English law is more feasible than an extreme one? You
will also note from studying the study guide that a fairly comprehensive body of South African case law has
developed on estoppel and that it rarely happens that a court looks for guidance in English law to resolve some
estoppel-related issue. Nevertheless, English law provides a convenient and useful point of reference.
3 REQUIREMENTS FOR A SUCCESSFUL RELIANCE ON ESTOPPEL: INTRODUCTION;
MISREPRESENTATION
Scenario 1
A, the owner of a cow which had previously disappeared, recognised the cow at an auction
but failed to say anything when it was sold to B. Can A be prevented from claiming the cow
with the rei vindicatio?
Is based on the facts of Maling v Hargreaves 25 SC 123 discussed in paragraph 3.2.3 above and
provides an apt illustration of circumstances in which the estoppel-denier could reasonably
have been expected to act positively and speak. Bear in mind that such instances are the
exception rather than the rule. Try to think of more examples.
Scenario 2
C entrusts his car to D for safekeeping and D proceeds to sell the car to E. Will E be able to
plead estoppel successfully when C claims his car with the rei vindicatio?
1
