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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 ...
A promissory estoppel operates only between parties who, at the time of the representation, were in an existing relationship, while this is not a requirement for estoppel by representation of fact. The test for unconscionability in the English and Australian courts takes many factors into account, including the behavior, state of mind and ...
Cohen had not used the promissory estoppel argument to avoid the hurdle of a libel case, but for identifiable pecuniary losses, distinguishing the case from Hustler Magazine, Inc. v. Falwell (1988). Consequently, any restriction on reporting was "incidental, and constitutionally insignificant" result of applying a generally applicable law.
Promissory estoppel Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130, commonly called High Trees , is a leading opinion in the High Court relating to contract law . It reaffirmed and extended the doctrine of promissory estoppel in the contract law of England and Wales .
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 ...
Scheck v. Burger King Corp. (756 F. Supp. 543 (S.D. Fla. 1991) [1] was a case of the United States District Court for the Southern District of Florida in which it considered motions for summary judgement brought by defendant Burger King Corporation concerning four counts raised by Plaintiff Scheck who alleged that defendant "breached an implied non-competition agreement (Count I), an implied ...
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.
Hughes v Metropolitan Railway Co [1877] is a House of Lords case considered unremarkable for many years until it was resurrected in 1947 by Lord Denning in the case of Central London Property Trust Ltd v High Trees House Ltd in his development of the doctrine of promissory estoppel. The case was the first known instance of the concept of ...