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Promissory Estoppel
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Promissory Estoppel
Central London Property Trust v High Trees House
c cannot go back on word when unjust / inequitable to do so
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
- Woodhouse Cocao v Nigerian Produce
- by words / conduct
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?
- Ajayi v Briscoe
3) reliance need not be detrimental
- The Post Chaser
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
- D&C Builders v Rees
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
- Combe v Combe
- can only be used as a defence, not an action
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
- c cannot recover money that was waived, can only resume future payments
- following reasonable notice
- suspends rights
Information
- 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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