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Promissory Estoppel

Tan Nah Contract Law English

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Promissory Estoppel

  1. Central London Property Trust v High Trees House

  2. c cannot go back on word when unjust / inequitable to do so

  3. 1) a clear and unequivocal promise to suspend or waive existing contractual rights

    • by words / conduct
      • Hughes v Metropolitan Railway
    • must be sufficiently clear
      • Woodhouse Cocao v Nigerian Produce
        • was not clear (currency changes)
        • sterling devalued so wanted payment in Nigerian pounds
  4. 2) a change of position by the promisee in reliance on the promise

    • Ajayi v Briscoe
      • no change of position
      • d carried on his business regardless when lorries were faulty
    • Brikom Investments v Carr
      • 'reliance' given a wide interpretation
      • where promisee conducted themself as intended by promisor, burden will be on promisor to establish that promisee's conduct was not induced by promise
    • Collier v P & MJ Wright (Holdings)
      • no need for meaningful idea of reliance?
  5. 3) reliance need not be detrimental

    • The Post Chaser
  6. 4) must be inequitable for promisor to go back on promise

    • D&C Builders v Rees
      • had not come to equity with clean hands
      • knew that builders were in financial trouble so wouldn't have a choice but to accept her offer of less pay
        • do not discuss duress re accepting less - use equitable maxims
  7. 5) shield, not a sword

    • can only be used as a defence, not an action
      • Combe v Combe
        • divorce proceedings husband failed to fulfil promise so wife brought action - not allowed
  8. effect of Prom. Es.

    • suspends rights
      • CLP Trust v High Trees
    • rights can be resumed later
      • following reasonable notice
        • Tool Metal v Tungsten Electric
      • when circumstances giving rise to estoppel cease
        • CLP v High Trees
      • money due in instalments
        • c cannot recover money that was waived, can only resume future payments
          • past periodic payments extinguished
          • implies that if money due as lump sum then payment is merely suspended and still owed after the period of estoppel

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Description
Contract Law Mind Map on Promissory Estoppel, created by Tan Nah on 04/06/2018.
Created by
Tan Nah · Jun 2018
Updated
Jul 31, 2018
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