Exceptions to promissory estoppel

What is promissory estoppel? Can promissory estoppel be granted? Pre-existing contractual relationship between the parties ( Hughes v Metropolitan Railways ) 2) Promise has to be clear and unambiguous ( Woodhouse v Nigerian produce ) 3) Alteration of the parties positions ( High Trees Case ) 4) It must be unfair to.

It implies that a contracted promise is enforceable by law even without any consideration present. It is important, however, to understand that the promissory estoppel can only be used as a legal defense and not to initiate a legal claim.

Below is a detailed explanation of some of the exceptions to the rule in pinnel’s case ( promissory estoppel ): 1. Equitable Estoppel-Such estoppels which have not been provided by any statute is called equitable estoppel. When ant person promises another to lend him certain relief or profit and the other changes his position on the basis of such promise, then the person making promise shall be. The Doctrine of promissory estoppel , prevents promissory from failing to carry out their promise where it would be unconscionable for them to do so. Payment of a debt may also be sufficient if it has been given in a different form, time, or place. Unless the offer-acceptance paradigm has been satisfied (for the creation of a valid and enforceable contract), parties must rely on the application of “ promissory estoppel” principles to ensure that their non-contractual agreements are enforced.

Some of the exceptions of the Doctrine of promissory estoppels are as follows. The doctrine must respect equity when required.

This means promissory estoppel can only be used as a defence in an action, not be the cause of an action. The case of Combe v Combe provides authority for this point, where it was stated that promissory estoppel can only operate as a ‘shield not a sword’. Promissory estoppel can only be used as a defence. This is a viable option for both parties, as although there is no strict consideration for the promise, the equitable doctrine of promissory estoppel would apply to the agreement. If Jeff attempted to claim Chilly Foods were required to pay the full amount, due to the lack of consideration, Chilly Foods would be able to use promissory estoppel as a defence to prevent this.

The specific facts in the case must actually establish the elements of promissory estoppel before the contract becomes enforceable in law. The partial performance exception involves an oral agreement that does not satisfy the statute of frauds. Like all equitable remedies, it is discretionary, in contrast to the common law absolute right like right to damages for breach of contract.

It seems that this exception can be applied here, as Alexandra paid part of the debt earlier than the due date and the Décor Ltd representative agreed on that. Another exception to the general rule is promissory estoppel - an equitable doctrine which in some instances can stop a person going back on a promise which is not supported by consideration. The development of the concept of “ promissory estoppel ” in contract law has led to the proposition that a court may decide that a “contract” has come into being even though the traditional rules for contract formation have not been satisfied.

The principle of estoppel however may allow a promise to be enforced even though these requirements are not satisfied. Although named estoppel , the doctrine is rather based on principle of ‘equity’ to mitigate the rigor of rigid law. It aims at relieving the victim of arbitrary abuse of discretion and pin down public authorities to act honestly and in good faith. Well, the law cannot help you with the embarrassment, but the doctrine of promissory estoppel can help you to recover your losses. It states that an injured party can recover damages if those.

If a contract has already been partially performed that can weigh heavily in favor of a party asking a court to enforce an agreement.

This article discusses estoppel as a whole, except where the contrary is stated. Looking, then, at reliance and expectation loss in estoppel , take two examples. Exceptions to Statute of Frauds. Mr Uff accepts that there must be reliance on the promise but submits that there does not have to be detriment.

They are composite agreement, payment of debt by third party and promissory estoppel. An individual in this situation may have a promissory estoppel claim. It is difficult for a plaintiff to prove all of the promissory estoppel elements, especially in an employment context.

Some courts reject outright promissory estoppel claims made by an at-will employee by contending that an employee cannot reasonably rely on a promise of employment if the employment is at-will. Following the mowing the lawn example, if I had agreed to your request for an additional pounds and you went ahead and bought a hat and boots to make your job easier then the courts may invoke the doctrine of promissory estoppel in the name of fairness. There are none, because consideration is an essential element of contract formation.