By comparing the two doctrines, it would be sensible to say that PE is more lenient. In other words, if an agreement is freely reached between the parties, the inadequacy of the price is immaterial to the Essay equitable estoppel contracts of a binding contract. This includes sales, leases, mortgages, the creation of easements and other interests in land.
Olga and Frank hired an attorney in Buenos Aires, who purported to Divorce Olga from her first husband and marry her to Frank pursuant to Mexican law.
Larry Landlord rents space to Dora Dressmaker in his shopping center but falsely tells her a Sears store will be a tenant and will draw customers to the project. Lopez cannot later sue Mr. Franklins intentionally refrained from entering into the lease from discussing the price element which proved to be cruicial — franklins was not encouraged to proceed.
Contract law Classification of Contracts 7 — 1. After considering all the evidence, the court determines that Mr.
Therefore, only by allowing the doctrine of PE to grow and develop, one will be able to say if the promise to accept less eventually becomes an undisputable doctrine.
Bearing in mind that consideration is a common law concept, and promissory estoppel an equitable one, only time will tell which one these doctrines will win the upper hand.
This element would be absent if B sold the watch at the market price.
Mason CJ and Wilson J in Waltons Stores Interstate Ltd v Maher  held that if estoppel is proven, it gives rise to an equity in favour of the plaintiff, and the court will do the minimum equity that is just in the circumstances.
Actually, scholars seem to agree with the view of the doctrine being an advantage to the less powerful parties like consumers or employers as they are mostly powerless or unprepared against much bigger parties. Also, the efforts to divert from the established approach set by the Hughes and the High Trees case have caused to question the boundaries of promissory estoppel as a reputable and well-established area.
This illustrates the legal maxim: Convention[ edit ] Estoppel by convention in English law also known as estoppel by agreement occurs where two parties negotiate or operate a contract but make a mistake.
In writing, such as a deed. Thus, no one can barter away the freedoms conferred upon him by the Constitution. This leads to the other advantage of PE, which makes it of suspensive nature, because no reasonable man would want to have his rights extinguished as a consequence of a plain promise as one can seen from the case against High Trees.
What are the difficulties in laying the ground rules for PE? The bakery has only two employees. A one way contract. This doctrine is closely related to the concept of statutes of limitations, except that statutes of limitations set specific time limits for legal actions, whereas under Lachesgenerally there is no prescribed time that courts consider "proper.
Get Access Promissory Estoppel Essay Sample Contracts are made to ensure reliability and effectiveness between the parties doing business.
Nevertheless, if one was to take a deeper look at it, then it becomes obvious that the courts have applied PE only to cases promises to accept less but yet have to acknowledge cases involving promises to give more.
The flexibility arising from PE does not only allow the courts to be fair in doing justice but also helps to keep up with the fast changes in the mindset of the people. Finally the rule that, part payment of debt does not count as consideration.
In some common-law jurisdictions, a promise by the shopkeeper to hold a specific radio would create a binding contract, even if B had to go for the money. In calculating damaged for breach of contract is to place the promise in the position which it would have occupied had the promise been performed.
However, estoppel has no application to representations made regarding the fundamental rights conferred by the Constitution of Indiathe source of all laws, which exists not only to benefit individuals but to secure collective rights.
Dressmaker may claim he is equitably estopped. Equitable estoppel is distinct from promissory estoppel. Operation of the doctrine — remedies- remedy is proportionate to the detriement suffered by the promise in reliance on the representation, promise or assurance.
Elements of promissory estoppel: If this is the case then the party causing the other party to make the assumption will under estoppel be forced to make fact of the assumption.
Res judicata Issue estoppel more commonly known as issue preclusion prevents, in some cases, an issue that has already been litigated and decided on the merits from being re-litigated, even when the parties are different. Comparing the doctrine of consideration to the doctrine of PE, one could see PE as a justifiable contrast to the doctrine of consideration as it may lessen the unfair effects of consideration as it seems to give scope for it to be seen too narrow or unfair in some circumstances.
A promise may have changed his or her position, that is, done something that he or she would not have done if the promise had not been made 3. This suggests that there is no clear definition of the price for a promise but then one could argue that one of the criteria for consideration is that it must be sufficient but need not be adequate.
Jones, who owns a business next to Mr. The doctrine of estoppel by record precludes a party from denying the issues adjudicated by a court of competent jurisdiction Collateral Estoppel or any matter spelled out in a judicial record judicial estoppel.the question of a unified equitable estoppel is one that is yet to gain unanimous High Court support the essay question which requires students to recognise alternative positions to their ‘assumed that exchange of contracts would.
Estoppel in pais (literally "by act of notoriety", or "solemn formal act") is the historical root of common law estoppel by representation and equitable estoppel.
The terms Estoppel in pais and equitable estoppel are used interchangeably in American law. This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers.
Considering the doctrine of promissory estoppel.
Promissory Estoppel Law Essay Sample. The whole doc is available only for registered * Protection of reliance: promises supported by consideration enforced by contracts. Estoppel goes one step further- promise and reliance!
* Difference between common law estoppel as a rule of evidence and equitable estoppel which creates substantive. Classification of Contracts (7 – 1.
30) Simple and formal contracts A formal contract is a written contract (such as a deed). • Also designed to act as a sword as well as a shield, usually introduced to equitable estoppel. • Operates in real property law, promissory estoppel does not.
ESSAY SAMPLE written strictly according to. Contract Law Essay; Contract Law Essay. Offer and Acceptance - Contract Law. Words | 5 Pages All contracts must have these three elements present for it to qualify as a proper contract in the eyes of the law: offer and acceptance, consideration, and intent to create legal relations.
Examples of legal and equitable remedies.Download