Promissory estoppel brian mcdonald and harry ledman are co-workers at food mart they both love model trains and have them as a hobby while having a casual discussion about the model trains, brian tells harry that after he retires he wants to sell his trains and travel. Assignment 1 essays promissory estoppel be used by northampton town fc to prevent tom from breaking his promise and claiming the fee of £1,000 definition - the high trees case (1947) reaffirmed the doctrine of promissory estoppel. Promissory estoppel17 what was discerned from the cases of grundt and thompson was a common principle which would reconcile the doctrines of promissory and proprietary estoppel: one may therefore discern in the cases a common thread which links them together, namely, the. 4 promissory estoppel courts have been unwilling to confine contractual liability within the narrow limits of consideration doctrine although bargained-for exchanges remain central to contract enforcement, an important line of cases embraces a competing principle of reliance-based enforcement.
The doctrine of promissory estoppel was first developed in hughes v metropolitan railway co  but was lost for some time until it was resurrected by denning j in the controversial case of central london property trust ltd v high trees house ltd. promissory estoppel promissory estoppel defined sometimes an agreement without consideration will be enforced this happens when a promise which foreseeably induces promisee to act or forebear becomes binding because injustice can only be avoided by enforcement of the promise.
The doctrine of promissory estoppel is necessary to prevent unjust outcomes that may result from strict application of common law australia courts,however, have expanded the doctrine to the point where consideration is no longer relevant. Synopsis: this essay examines the rule knows as the rule in pinnel's case and how it impacted upon the doctrine of consideration it also examines the problems arising from the rule in pinnel's case, the subsequent exceptions that were developed to circumvent the rule and in detail the most important exception of them promissory estoppel and how it solved the problem's arising from the rule. Doctrine of promissory estoppel essays and research papers doctrine of promissory estoppel to begin with, the case as regards richard and ernie is related to the doctrine of promissory estoppel , which is derived from equity.
The doctrine of promissory estoppel is an equitable doctrine that has arisen to mitigate the harshness of the rule that emanated from the case of foakes v beer which states that part-payment of debt is never good consideration for a promise to discharge the entire debt though hard to define, promissory estoppel is the idea that one can be. 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. In sum, the doctrine of promissory estoppel states that an injured party can recover damages if those damages were the result of a promise made by a promisor and the promise was significant enough.
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. Considering the doctrine of promissory estoppel in d & c builders ltd v rees  2 qb 617, lord denning explained and applied the doctrine of promissory estoppel this essay will look into the concept of consideration as one of the key elements of legally binding contract as well as consider the doctrine of promissory estoppel. Promissory estoppel is of a different nature from the doctrine of consideration some may contend that it is unnecessary to have promissory estoppel since consideration will suffice for justice there are also economic arguments that extra costs may be involved to disclaim promissory intentions in a gratuitous promisei.
'jack promises his neighbor, tom of ten years to sell him his latest model bmw for £ x tom relying on jack's promise pays jack and takes the car the next day the bank comes and reclaims the car. Estoppel essay 1 school of law lw360/363 equity 1 title: traditionally, a distinction has been drawn between cases in which promissory and proprietary estoppel may arise, although there have also been suggestions to the effect that making such a distinction is not helpful. Renata petrylait ] can the doctrine of equitable estoppel be applied against a government100 as the very term 'equitable' implies, the whole doctrine of equitable estoppel is a creature of equity and is governed by equitable principles 16.
The doctrine of promissory estoppel is the promisors unconscionable inducement of the promisee's reliance the logical response is to avoid the promisee's detriment although courts have enforced the promise. The doctrine of estoppel has been applied for years and different forms of estoppel have been established for the purpose of this essay, i will predominantly concentrate on promissory estoppel in relation to the law of contracts. Lord walker also rejected lord scott's characterisation of estoppel i have some difficulty with lord scott's observationthat proprietary estoppel is a sub-species of promissory estoppel. The last promissory estoppel article jay m feinman in this essay, professor feinman argues that the doctrine of promissory estoppel has outlived its usefulness as a theory of contract professor feinman relies on an.