promissory estoppel
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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). Denning J based the doctrine on the decision in Hughes v Metropolitan Railway (1876-77) L.R. 2 App. Cas. 439 (Case summary). The House of Lords affirmed the existence of promissory estoppel in contract law in Tool Metal Manufacturing v Tungsten [1955] 1 WLR 761 (Case summary).
Requirements of promissory estoppel:
1. A pre-existing contract or legal obligation which is then modified2. There must be a clear an unambiguous promise3. Change of position4. It must be inequitable to allow the promisor to go back on their
promise5. 1. A pre-existing contractual or legal obligation which is then
modified:6.
Combe v Combe [1951] 2 KB 215 Case summary7.8. 2. A clear and unambiguous promise. 9. This may be implied through conduct:10. Woodhouse A.C. Israel Cocoa Ltd. v. Nigerian Product Marketing Co.
Ltd. [1972] AC 741 11. Case summary
12.
13. 3. Change of position:14.
Alan v El Nasr [1972] 2 WLR 800 Case summary
15. 4. It must be inequitable to allow the promisor to go back on their promise:
16.
D & C Builders v Rees [1966] 2 WLR 28
17. Case summary