Consideration or Promissory Estoppel - Law Teacher.
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 question 'why do we need consideration in contract law' is a valid one - plenty of jurisdictions manage perfectly well without it. As JP says, it allows the courts to determine which agreements should be legally enforceable, but there is no a priori reason why, say, offer, acceptance, and intention to create legal relations shouldn't be enough.
Promissory estoppel is an equitable doctrine which in some instances can stop a person going back on a promise which is not supported by consideration. Promissory estoppel was developed by an obiter statement by Denning J (as he then was) in Central London Property Trust Ltd v High Trees Ltd (1947) KB 130 (Case summary).
Thorner dealt with proprietary estoppel in the domestic context. One cousin had worked unpaid on the other’s farm for nearly 30 years on the understanding that he would inherit the farm on his cousin’s death. The cousin died intestate and the claim of proprietary estoppel had been rejected by the Court of Appeal. One reason given for this.
Related to this point, if we are to subscribe to the approach in MWB then it means that the doctrine of promissory estoppel is under threat as applied to decreasing pacts. Promissory estoppel can be used by a promisee to resist a claim by a promisor for the balance of a debt where a clean promise has been made that the balance would not be.
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Consideration and promissory estoppel help?! Promissory Estoppel - Help me please Contract Law Essay - Help Is it true that estoppel by convention has the same effect as promissory estoppel? Help before I give up on life and contract :-(.
Should English Law Abolish The Doctrine Of Consideration? Essay - If English law decided to abolish the doctrine of consideration it would rely on alternative methods such as promissory estoppel to replace the role of consideration in filtering out non-contractual agreements.
Essay The Ethical And Moral Ethics Of Marshall Peterson. that I have invalidated our promissory estoppel. The unwritten promise we made to each other in this business venture was that I would stock his shelves with Muscadine grapes and he would pay for those grapes.
Promissory estoppel provides a way in which promises can be legally binding even if no consideration has been given. Promissory estoppel relates to a form of future conduct. The doctrine of promissory estoppel may not make the total contract fully enforceable. The specific facts in the case must actually establish the elements of promissory.
In this essay I will attempt to give explanations on the “The Rule Of Pinnel’s Case”, promissory estoppel, and how it impacted upon the doctrine of consideration. There was a pro and con between “The Rule Of Pinnel’s Case” and doctrine of consideration. The judgment of Pinnel’s Case had changed the fate of the doctrine of consideration. It was because consideration was part of.
The Last Promissory Estoppel Article. Cover Page Footnote. This essay is dedicated to the memory of Edward Yorio, late Professor of Law at Fordham University School of Law and noted contracts scholar. In the preface to his treatise, Contract Enforcement: Specific.
As such, the rule in Pinnel’s case was reiterated by the House of Lords in Foakes v Beer. However, the decision in Hughes v. Metropolitan Railway was not taken in to consideration in Foakes v. Beer ruling. Thus it can be construed from this decision that the doctrine of promissory estoppel was not applicable to the part payment of debts.
