Promissory estoppel ppt

Promisory estoppel. A strict application of the rules of contract. Courts use equitable jurisdiction to intervene. The remedy, whether damages or some other equitable relief, granted on the basis of an estoppel must be. Definition of Estoppel  Estoppel is a legal doctrine recognized both at common law and in equity in various forms.

Clearly the concept is not simple as just preventing the rescission of a promise. What is rule of estoppel? How does promissory estoppel operate? In simple terms, an estoppel is an equitable claim that prevents someone from denying the existence of a state of affairs in circumstances where such denial would be unconscientious. PROMISSORY ESTOPPEL : Malaysian Law Essential Reading: Cheong May Fong: p. This necessarily has an impact upon those legal rights which would otherwise be exercisable by the person estopped.

Contracts generally require consideration to be binding. This means that each party must agree to incur some sort of legal detriment before a court will enforce a contract. This presentation looks at a prominent exception to that rule: the rule of promissory estoppel , wherein a court will enforce an agreement if there was foreseeable and reasonable reliance on a promise even if the promise. The doctrine of promissory estoppel is an equitable doctrine. Like all equitable remedies, it is discretionary, in contrast to the common law absolute right like right to damages for breach of contract.

A guide to estoppel. This note explains what estoppel is and outlines the different types of estoppel and how they should be used. It includes tips on deciding which type of estoppel may be relevant and pleading estoppel. Author Name: shreya.

This principle is commonly invoked in common law in case of breach of contract or against a Government. Indian evidence Act deals with the provision doctrine Estoppel. It would be most inequitable and unjust if one person is allowed to speak contrary to his earlier statement.

As it would cause loss and injury to the person who has acted on such statement. They do not conform to the law of your casebook or that of your professor. Please use this material ONLY as a guide to creating your own. Created by Laurie Zimet, UC Hastings College of the Law YES NO A contract: make sure it is not void. Give a fact example) Does promissory estoppel apply?

NO – there are other ways to enforce. There must be clear and unambiguous statement by the promisor that his strict legal rights will not be enforced. Nephew agreed and performed his part of the bargain. This doctrine is to the effect that when a party by his word or conduct makes a promise to another party with the intent to be acted upon by that other party and infact acted upon, the promisor will not be allowed to go back on his word. If a promise is made to a party and they act upon that promise to their detriment they can make a claim promissory estoppel.

The principle of estoppel however may allow a promise to be enforced even though these requirements are not satisfied. 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.