Doctrine of Consideration and Promissory Estoppel
Whats the first requirement for promissory estoppel? What case sets out that Promissory Estoppel was not intended to replace consideration?. The doctrine of consideration and promissory estoppel is a term used in contract law There are many problems that can arise out of an unenforceable contract. Problem questions which involve consideration and promissory estoppel will be paired with issues of offer, acceptance and intention to create legal relations.
Question 2 A husband divorces his wife and then promises to maintain her, provided she takes good care of their only child and keeps the child happy.
5. Consideration and Promissory Estoppel - Law Trove
Later, the husband changes his mind and refuses to provide any maintenance to the wife. The wife then seeks to enforce the promise. Which one of the following statements most accurately summarises the position between the two? Question 3 In which of the following major cases was there a successful claim of economic duress? Question 4 Which of the following statements as to the doctrine of promissory estoppel is true?
Question 5 A employs B as a consultant in his firm.
Promissory Estoppel Case Law
B is delighted and buys a new car in anticipation of the extra money being given to him. Which one of the following statements most accurately summarises the legal position?
Question 6 In which one of the following situations is the promise in question unlikely to be supported by a valid consideration? Subsequently, the market conditions change dramatically and many clients of B who have entered into similar contracts now seek to cancel contracts or to postpone delivery dates. A makes the delivery by 1 June.
A agrees to accept a horse belonging to B in full satisfaction of the debt. B delivers the horse to A. Whilst carrying out the work, A realises that he is short of money and therefore asks B for an increase in the contract price. A completes his work a day earlier than originally agreed. A then changes his mind and demands the balance from B.
Midway through the contract, A informs B that his business is facing bankruptcy and that he will be unable to complete the contract. B refuses to pay on the grounds that A has not provided any consideration for the additional payment. It implies that a contracted promise is enforceable by law even without any consideration present. It is important, however, to understand that the promissory estoppel can only be used as a legal defense and not to initiate a legal claim.
The doctrine of promissory estoppel is currently used in the United States legal system but the specific rules and regulations of it vary by state and jurisdiction. It is often viewed as a modern law and is reserved for very specific legal situations.
Elements of Promissory Estoppel There are very specific elements that are required to make a claim in court for promissory estoppel. A substantial detriment must have occurred to the promisor or promisee of the contract. A type of measurable loss must be present. The party filing the claim must have made a reasonable attempt at relying on the initial promise.
The promissory estoppel will only be granted in court if it is established that enforcing the promise is the only method for avoiding injustice. Injustice, in this setting, refers to an unfair outcome. The court will rely on evidence of email, text, and physical documentation of communication to establish if the promisor was aware that the promisee would rely on the promise. If the doctrine of promissory estoppel is granted, the court will issue the appropriate damages.
Damages can only come in the form of reliance damages.
Reliance damages are considered the actions taken to restore the original harm that was the result of one party relying on the original promise. Expectation damages are not usually a possibility in a doctrine of promissory estoppel case. Promissory Estoppel as a Part of Contract Law Contract law covers the specific terms and regulations that must be present in order to make a contract legally enforceable.
There are many problems that can arise out of an unenforceable contract. The doctrine of promissory estoppel is just one of the many available exceptions to the contract regulations. Legal consideration is one of the most important components of an enforceable contract. Consideration can be in the form of money, service, or promise.
Although it can be difficult to enforce non-tangible items like promises, the court can step in to enforce it, even without the presence of consideration. If you need help with the doctrine of consideration and promissory estoppels, you can post your legal job on UpCounsel's marketplace.