Ads
related to: example of a promissory estoppel clause
Search results
Results From The WOW.Com Content Network
Estoppel by representation of fact and promissory estoppel are mutually exclusive: the former is based on a representation of existing fact (or of mixed fact and law), while the latter is based on a promise not to enforce some pre-existing right (i.e. it expresses an intention as to the future).
Promissory estoppel is a separate cause of action to breach of contract, requiring separate elements to be shown. It has the effect that in many contract like situations, the requirement of consideration need not be present. [5] The elements of promissory estoppel are: an express or implied promise;
Estoppel forms part of the rules of equity, which were originally administered in the Chancery courts. Estoppel in English law is a doctrine that may be used in certain situations to prevent a person from relying upon certain rights, or upon a set of facts (e.g. words said or actions performed) which is different from an earlier set of facts.
Based upon recent case pronouncements by both New York’s highest court and federal courts, the doctrine of promissory estoppel should be invoked with selectivity, particularly when used to ...
Modern contract theory has also permitted remedies on alternative theories such as promissory estoppel. Also, modifications to existing lease agreements (as opposed to the creation of a new lease agreement) do not require consideration, [2] nor do modifications to existing sale contracts. [3]
An Appellate Division, First Department panel rejected the reliance-based argument of promissory estoppel by the plaintiff, indicating that he would not suffer an unfair injury if the statute of ...
Combe v Combe [1951] 2 KB 215 is a famous English contract law case on promissory estoppel. An ex-wife tried to take advantage of the principle that had been reintroduced in the High Trees case to enforce her husband's promise to give her maintenance. The Court held that promissory estoppel could not be applied.
Two distinct but related types of estoppel recognised in Canada are promissory estoppel or estoppel by representation, which enables courts to enforce a promise or representation by one party to a contract stating that it will not invoke a particular term of a contract or rely upon a particular provision of law if the other party has acted to ...