APPLICATION OF THE DOCTRINE OF ESTOPPEL TO ELECTRONIC AGREEMENTS

In theory, the doctrine of promissory and equitable estoppel is applicable to contracts that are negotiated and/or concluded electronically. However, given the nature of electronic communications, the evidence necessary to invoke estoppel may or may not be sufficiently clear and unambiguous.

The following questions have been addressed in this article:

When will the courts accept a party’s estoppel claim on the basis of e-documents?
In what circumstances have courts declined to find that e-communications gave rise to an unambiguous promise?
What kind of evidence should be brought in order to establish a successful claim for promissory estoppel?

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