Promissory Estoppel

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This lecture looks at Promissory Estoppel. The courts have developed the doctrine of promissory estoppel, an equitable exception to the rule that a promise must be supported by consideration. In essence, promissory estoppel is about protecting a party’s reliance on a non-bargain promise. Although not exclusively so, many of the instances in which promissory estoppel is invoked involve part payment of a debt in response to a promise by the creditor that he will not require the debt to be paid in full.

Learning Outcomes

At the end of this lecture you will be able to:

  1. explain the common law rules that govern part payment of a debt;

  2. identify the elements of the equitable doctrine of promissory estoppel; establish which facts a court considers in applying the doctrine of promissory estoppel;

  3. explain the difference between the common law right in contract and

  4. the equitable principle of promissory estoppel.

Cases

Waivers

Hickman v Haynes (1874-75) L.R. 10 C.P. 598

Charles Rickards Ltd v Oppenheim [1950] 1 K.B. 616

Promissory Estoppel

Hughes v Metropolitan Railway Co (1887) 2 App. Cas. 439

Central London Property v High Trees House [1947] KB 130

When does promissory estoppel exist?

Woodhouse A.C. Israel Cocoa Ltd. S.A. and Another v Nigerian Produce Marketing Co. Ltd. [1972] A.C. 741; [1972] 2 W.L.R. 1090

Emmanuel Ayodeji Ajayi v R.T. Briscoe (Nigeria) Ltd. [1964] 1  W.L.R. 1326

How can Promissory Estoppel be used?

Tool Metal Manufacturing Co. v Tungsten Electric Ltd (No.2) [1955] 1 WLR 761

Combe v Combe [1951] 2 KB 215

D&C Builders v Rees [1966] 2 Q.B. 617

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This lecture looks at Promissory Estoppel. The courts have developed the doctrine of promissory estoppel, an equitable exception to the rule that a promise must be supported by consideration. In essence, promissory estoppel is about protecting a party’s reliance on a non-bargain promise. Although not exclusively so, many of the instances in which promissory estoppel is invoked involve part payment of a debt in response to a promise by the creditor that he will not require the debt to be paid in full.

Learning Outcomes

At the end of this lecture you will be able to:

  1. explain the common law rules that govern part payment of a debt;

  2. identify the elements of the equitable doctrine of promissory estoppel; establish which facts a court considers in applying the doctrine of promissory estoppel;

  3. explain the difference between the common law right in contract and

  4. the equitable principle of promissory estoppel.

Cases

Waivers

Hickman v Haynes (1874-75) L.R. 10 C.P. 598

Charles Rickards Ltd v Oppenheim [1950] 1 K.B. 616

Promissory Estoppel

Hughes v Metropolitan Railway Co (1887) 2 App. Cas. 439

Central London Property v High Trees House [1947] KB 130

When does promissory estoppel exist?

Woodhouse A.C. Israel Cocoa Ltd. S.A. and Another v Nigerian Produce Marketing Co. Ltd. [1972] A.C. 741; [1972] 2 W.L.R. 1090

Emmanuel Ayodeji Ajayi v R.T. Briscoe (Nigeria) Ltd. [1964] 1  W.L.R. 1326

How can Promissory Estoppel be used?

Tool Metal Manufacturing Co. v Tungsten Electric Ltd (No.2) [1955] 1 WLR 761

Combe v Combe [1951] 2 KB 215

D&C Builders v Rees [1966] 2 Q.B. 617

This lecture looks at Promissory Estoppel. The courts have developed the doctrine of promissory estoppel, an equitable exception to the rule that a promise must be supported by consideration. In essence, promissory estoppel is about protecting a party’s reliance on a non-bargain promise. Although not exclusively so, many of the instances in which promissory estoppel is invoked involve part payment of a debt in response to a promise by the creditor that he will not require the debt to be paid in full.

Learning Outcomes

At the end of this lecture you will be able to:

  1. explain the common law rules that govern part payment of a debt;

  2. identify the elements of the equitable doctrine of promissory estoppel; establish which facts a court considers in applying the doctrine of promissory estoppel;

  3. explain the difference between the common law right in contract and

  4. the equitable principle of promissory estoppel.

Cases

Waivers

Hickman v Haynes (1874-75) L.R. 10 C.P. 598

Charles Rickards Ltd v Oppenheim [1950] 1 K.B. 616

Promissory Estoppel

Hughes v Metropolitan Railway Co (1887) 2 App. Cas. 439

Central London Property v High Trees House [1947] KB 130

When does promissory estoppel exist?

Woodhouse A.C. Israel Cocoa Ltd. S.A. and Another v Nigerian Produce Marketing Co. Ltd. [1972] A.C. 741; [1972] 2 W.L.R. 1090

Emmanuel Ayodeji Ajayi v R.T. Briscoe (Nigeria) Ltd. [1964] 1  W.L.R. 1326

How can Promissory Estoppel be used?

Tool Metal Manufacturing Co. v Tungsten Electric Ltd (No.2) [1955] 1 WLR 761

Combe v Combe [1951] 2 KB 215

D&C Builders v Rees [1966] 2 Q.B. 617