Promissory estoppel essay

Would this be an example of promissory estoppel? Is the doctrine of promissory estoppel still an accurate representation of law? What is the difference between promissory estoppel and periodic payment? Does promissory estoppel arise in pre contractual relationships?

It will be necessary to evaluate the doctrine of promissory estoppel through considering the judicial dicta of relevant case law and extracting the rules created by the judiciary.

Over the years many individuals have brought cases to court on the basis of using promissory estoppel as a tool to attack the defendant. The general role of the doctrine of consideration is to enforce promises that have been made. 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. The obligations and the rights of the parties in an agreement are laid down undoubtedly in a contract.

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.

However, for periodic payment promissory estoppel merely suspends the right of the promissor to the debt until such time when it becomes equitable to claim the remainder. Thus, in periodic payments, promissory estoppel may extinguish the right of the promissor to claim payment for the suspended period but can make claim for subsequent periods after giving reasonable notice or when the. Specifically, promissory estoppel allows other parties in the agreement to seek justice when the initial promises made were done in bad faith. Thus, this reflective treatise attempts to explicitly explain how the equitable doctrine of promissory estoppel is unjustifiable.

Long wants to claim for the money due. In dealing with the first issues, that is the reduced rental of $ whether any consideration has been given by Kajai, enabling him to enforce Long’s promise of receiving $rental instead of $10. It prevents a party from acting in a certain way because the first party promised not to do something, and the second party relied on that promise and acted upon it. It is necessary to have promissory estoppel since as shown above, consideration does not cover such grounds.

Equity and justice should be the priority of the court and the doctrine of promissory estoppel can uphold this. Chen-Wishart, Contract Law, OUP. The promissory estoppel signifies that the courts will prevent the promisor from asserting the lack of consideration The classic model of English consideration and promissory estoppel essay Contract law is a bargain and a bargain postulates an exchange.

Harry sued Brian, claiming breach of contract, or in the alternative, for promissory estoppel. Harry’s claims of promissory estoppel are based on the grounds that a promisor (Brian) made a gratuitous promise (to sell his train set) to a promise (Harry). Harry relied on the promise and made purchases to the fact.

Injustice Cannot be Avoided. Pinnel’s case and promissory estoppel Essay Sample Pinnel’s Case was criticized of its unfairness judgment because Pinnel could go back on his promise that he had made to Cole.

This is to avoid any injustice. There were main criticisms responded to this rule which were stated by Hickling. The first criticism is that “The Rule Of Pinnel’s Case” is a dictum. A promissory estoppel example involves a false statement that the court treats as a promise. In this regar the person who made the false statement will be unable to deny it, making their promise enforceable, or a promissory estoppel.

McIntosh sued Murphy for promissory estoppel , arguing that his decision to relocate some 2miles from home was solely based on the promise of a yearlong contract for employment. The defendant made a clear and unambiguous promise. Indee Central London Property Trust involved an agreement of a landlord to accept a reduced rent from the defendant compared to that which it was entitled under their agreement for the duration of the Second World War.

Denning J avoided such.