There are common legally required elements for a person to make a claim for promissory estoppel: An additional requirement is that the person making the claim, the promisee, must have reasonably relied on the promise — in other words, the promise was one that a reasonable person would ordinarily rely on. Finally, promissory estoppel is usually only granted if a court determines that enforcing the promise is essentially the only means by which an injustice to the promisee can be avoided. Promissory Estoppel as a Part of Contract Law Contract law generally requires that a person receive consideration for making a promise or agreement.
Get Full Essay Get access to this section to get all help you need with your essay and educational issues. Protects person from the injurious consequence of reliance.
Consideration — mark off promises as breaches and use remedies.
Promissory Estoppel is one of the elements of contract law that must be considered when drafting or entering into a contract or agreement. Promissory Estoppel A promise must normally be in a deed (legal agreement or contract) or supported by consideration to be enforced. Doctrine of Promissory Estoppel Essay Sample. To begin with, the case as regards Richard and Ernie is related to the Doctrine of Promissory Estoppel, which is . Promissory estoppel is an important tool in equity to create fairness within contract law. It deals specifically with consideration, which as a doctrine holds the parties that have entered into a contract to which they both intend to be bound.
Estoppel aims to prevent unjust departures from justified assumption, substitute for consideration. Estoppel goes one step further- promise and reliance! Thompson v Palmer Dixon J: Hughes v Metropolitan railway co — lord cairns — set up the doctrine of promissory estoppel. Result of high trees — can claim original rent after the war but not the difference from the years.
Contract for sale of land need to be completed — time for completion was the essence of the contract. Appeal to high court dismissed. Franklins intentionally refrained from entering into the lease from discussing the price element which proved to be cruicial — franklins was not encouraged to proceed.
Elements of promissory estoppel: Other party has altered his position 2. Promisor can resile from his promise on giving reasonable notice which need not to be a formal notice — giving the promise a reasonable opportunity of resuming his position 3.
The promise only becomes final and irrevocable if the promise cant resume his position. Waltons Stores interstate where silence on the part was regarded as implying a promise to complete the transaction. Once reliance definite and substantial is establishedneed to protect against the retraction of promise becomes more apparent.
Sued for full rent — judged that it would result in some Law essay on promissory estoppel and therefore some injustice to the other party.
Legione — purchasers had sufficient funds to complete when the extense of time expired — missed change — proided element of detriment which would have made it unconscionable for the vendor to depart frmot he promise —.
Operation of the doctrine — remedies- remedy is proportionate to the detriement suffered by the promise in reliance on the representation, promise or assurance.
Two perspective on relief: Suspension and termination of the promisors right — one operation of the doctrine of pe is to suspend the promisors right — central londen — and legion.
An order for damages may be made — but only id that is necessary for giving effect to the equity. This keeps operation of promissory estiooel distinct from the enforcement of contractual promises supported by consideration — makes law more complex.
The reality is that a promise which is not supported by consideration froms the basis for the promise;s claims in damange. In calculating damaged for breach of contract is to place the promise in the position which it would have occupied had the promise been performed.
Rules of formation, the doctrine of consideration, the modification of a contractual relationship, breach, the settlement process and the conduct of litigation. Thus a landloar who promises to accept a reduced rent, may be estopped from clainging the full rent, even though the promise by that landload is not supported by consideration and therefore as a matter of strict contract law is not a binding promise.
Estoppel by representation or in pais operates to prevent departure from a represenatation by words or conduct of exisiting facts if the representee has acted in reliance on it. Proprietary estoppel — give enforceable rights over land to a person who has been assured that they have or will have an interest in the land owned by the person giving the assurance, so long as the person acts on the assurance by making improvements Promissory estoppel — reborn in high trees — prevents departure from promissory statements that have been relied on.
Basically the above types is unified — a person will be prevented from departing from an assumption, representation, promise or assurance that he or she has encouraged or made if it would be unconscionable to do so in the circumstances.
Doctrine preserved — be the determining principle as to the enforceability of promises. Lose force — courts are more prepred to hold that promises are enforceable in the absence of consideration through the mechanism of estoppel — but estoppel is to be considered as exceptional rather than simply as another way to enforce promises.
Protecting the reliance rather than the expectration interest in relation to a liability that is determined by detrimental reliance. Equity calls for the enforcement of a promise only as a means of aoiding the detriment and only to the extent necessary to achiee that object.
Point that nothing to foster reliance or has positively indicated that there should be no reliance — this prevents estoppel. Submitted that an obuective test should be applied — an estoppel will not arise on the basis of an unforeseen and unforeseeable detriment but nor is it necessary that the precise detriment relied upon be foreseen or foreseeable….
Attorney general hong kong v Jumphreys estate queens gardens ltd — has been used trive. The negotiations were subject to contract and this precluded the possibility of arguing for the formation of a contractual relationship in the absernce of formal contract.Renata Petrylait ] Can the doctrine of equitable estoppel be applied against a government?98 Introduction Government is an integral part of human lives.
This term can mean the “form of fundamental rules and principles by which a nation or state is governed, . Doctrine of Promissory Estoppel. beneficial to the plaintiff than the money.” (An introduction to the Law of Contract, ) There is an exception to the rule in Pinnell.
Considering the doctrine of promissory estoppel In D & C Builders Ltd v Rees  2 QB , Lord Denning explained and applied the doctrine of promissory estoppel.
This essay will look into the concept of consideration as one of the key elements of legally binding contract as well as consider the doctrine of promissory estoppel. Promissory Estoppel is one of the elements of contract law that must be considered when drafting or entering into a contract or agreement.
Promissory Estoppel A promise must normally be in a deed (legal agreement or contract) or supported by consideration to be enforced.
Estoppel in English law is a doctrine that may be used in certain situations to prevent a person from relying upon certain rights, or upon a set of facts (e.g.
words said or actions performed) which is different from an earlier set of facts. Promissory Estoppel Essay Sample Contracts are made to ensure reliability and effectiveness between the parties doing business. A contract is an agreement giving rise to obligations which are enforced or recognised by law.