"However, there is some question as to how far it is modified by an equitable principle known as promissory estoppel." Where a promise is not supported by consideration, the promise may be binding under the doctrine of promissory estoppel. Promissory estoppel excludes the general need of consideration within a contract and stops a person going back on their promise. This is to avoid any injustice. This essay will look at how promissory estoppel relates to the doctrine of consideration and whether
The doctrine of consideration is one of the most provocative issues under common law that has come under intensifying criticism because of the constriction of its definition. The definition of consideration has a very narrow scope of view; However Consideration continues to clarify out non-contractual promises. The other question which this essay will address is whether the abolishment of consideration would be a wrong move. And if it were to be abolished would other doctrines such as intention to
The doctrine of consideration is one of the most provocative issues under common law that has come under intensifying criticism because of the constriction of its definition. The definition of consideration has a very narrow scope of view; However Consideration continues to clarify out non-contractual promises. The other question which this essay will address is whether the abolishment of consideration would be a wrong move. And if it were to be abolished would other doctrines such as intention to
Question 1: Introduction: Emily agreed to work in her mother, Margaret’s antique store when she was 16 and in return she would receive any unsold dolls. However, later Margaret decided to give the unsold stock to charity. Assume that Emily acted on Margaret’s original representation. In order to advise Emily it is necessary to evaluate the key facts, and then determine if a contract exists and whether Emily could enforce the promise relying on promissory estoppel. The next step would be
go to some lengths to invent consideration like equity will, and in other cases, uphold promises that are not supported by consideration through the doctrine of promissory estoppel. Like every policy, consideration has rules that must be followed, some of which that consideration must be sufficient but not necessarily suitable, and so on. ‘Estoppel…is a principle of justice and of equity. It comes to this: when a man, by his words or conduct, has led another to believe in a particular state of affairs
of the dish washing machine at a rent of $10 per week. The issues now that need to be resolved is whether Long can claim the money due to him from January to September and also the possibility of Kajai relying on the doctrine of promissory estoppel as a defence when Long wants to claim for the money due. In dealing with the first issues, that is the reduced rental of $1, whether any consideration has been given by Kajai, enabling him to enforce Long’s promise of
Poole: Contract Law ANSWERS - SELF TEST – ENFORCEABILITY OF PROMISES– INTENTION TO CREATE LEGAL RELATIONS, CONSIDERATION, PROMISSORY ESTOPPEL AND DURESS 1. What is the effect of including an "honour clause" in a written agreement? (2) An "honour clause" has the effect of rebutting the normal presumption of an intention to create legal relations in a commercial agreement (1). Its effect is to render the agreement binding in honour only so that it will not be a legally binding contract. (1) 2. What
his money. In addition, there was another case where a promissory estoppel became a serious law suit for two men by the name of Harry and Tom. Tom who was a train collector promised to sell Harry his collection after he retired from Grocery Inc. Whether Harry will be able to enforce Tom’s gratuitous promise to sell model trains although his promise lacks consideration? Harry will succeed in court on a claim of promissory estoppel because he reasonably relied on Tom’s promise to his detriment
"The requirement of consideration is an unnecessary complication in the formation of contracts." Consideration is probably regarded as one of the most controversial issues in the law of contract. The traditional and/or orthodox doctrine is based on the principle of "reciprocity", which seems to suggest that a promise given should be exchanged for something in return. The requirement of Consideration was established since the sixteenth century in Common Law. The
The case study deals with the doctrine of estoppel, which states that the court can prevent a litigant from taking the matter to court where in normal circumstances, it could have taken place in order to prevent an inequitable result on the other party. In that, estoppel occurs when one party depend on the promise of another party and with that reliance that the party get injured or damaged. Therefore, estoppel impedes a person from asserting anything to the contrary to what is stipulated or is