Doctrine of Promissory Estoppel Issues - Law Teacher.
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If “yes” to all the above, there is a right of proprietary estoppel. If “no” to any of 1-3, there is no proprietary estoppel. Q1. Albus and Bertha purchase a house and they allow their son-in-law, Charlie, to live with them. Charlie offers to improve some of the roof tiles and construct a conservatory at his own expense. Albus agrees to.
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Common Law Estoppel Common Law Estoppel or representation of fact occurs where the Relying Party acted upon an assumption of an existing fact. Namely, the Representor induced the Relying Party to believe he has signed a contract. The effect of Common Law Estoppel is to prevent the Representor from denying his representation when in court.
This essay will discuss the Case study by firstly identifying four elements of contract, then justifying duties of Mr. Martin with applying the principles of pre-existing contractual duties. Finally a discussion about part payment of debt and promissory estoppel will be explained.
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 KB 130 (Case summary).
Promissory Estoppel The doctrine that a promise made without the exchange of consideration is binding and enforceable if: The defendant made a clear and unambiguous promise. The plaintiff acted in reliance on the defendant's promise.