Class notes
Contract law
- Course
- Institution
Lecture notes of 1 pages for the course at City (,)
[Show more]
Seller
Follow
leezam
Content preview
L5 ~ Promissory EstoppelWednesday, November 17, 2021 11:52
Promissory estoppel ~
-operates as a principle of equity
-To stop a promisor from growing back on their promise and insisting upon their strict
-protects the reliance interest even in the absence of consideration
-allows for flexible means of getting justice
-IF A :
-is contractually bound to perform a service or pay money to B
-is not able to perform in accordance witht their contract
-has gotten B to agree to allow them to perform differently or not at all
-doesn’t perform at all or differently in reliance to that promise
-THEN A’s defence of promissory estoppel will SUCCEED if :
-1-5 are made out
+
-The court decide that it would be INEQUITABLE in the circumstances to allow B
legal rights
-The classic P.E. Doctrine ::
-a Promise will not be enforce if ti is inequitable to do so — this case it was impo
to comply.
-if the promisee has been led o believe that the promisor’s strict legal rights will
-promisor could rely on his rights later, after sufficient notice was given to the pr
would do so
-Hughes v metropolitan Railway [1877]
-This case shows that promissory estoppel can have a suspensory rather th
meaning that it suspends the original promise until the promise not to enf
than extinguishing the initial promise entirely even after the promise not t
-A landlord (claimant) gave tenant (defendant) 6 months’ notice to repair
-Both parties agreed to negotiate on the landlord buying the premises inst
-Repairs stopped in the meantime
-Negotiation stopped at the end of 1874 and D completed repairs within 6
-the landlord served writ of ejectment as Defendant had not completed re
from time of notice to repair
-court (HoL) rejected landlord‘s claim.
-court held the defendant was entitled to relief against forfeiture
-The notice to repair was in suspension during the negotiations and did no
negotiations stopped
-Lord Cairns LC ~ In equity, if parties enter into a contract but later enter in
has the effect of making one side believe that the contract will be suspend
the other side cannot enforce the contract if it would be inequitable havin
dealings which have thus taken place between the parties
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller leezam. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.06. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
56326 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now