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In order to help people from scenarios such as this example Tom Green spent his time away from work on his hobby, model trains. His train set was very large and consisted of rare and one-of-a-kind trains. One day, while visiting with a fellow train hobbyist Harry, Tom said, "When I retire in two years from Grocery, I'm going to sell my trains and spend the rest of my years traveling on real trains." Tom then told Harry that he was the only person he planned to offer his trains to because he knew Harry would take good care of them. Harry said he looked forward to the day when he could buy the trains. Harry then spent the next two years and most of his savings building a new 2,000 sq. ft. room onto his house to make room for the trains. When Harry told Tom that he was building the new room, Tom just smiled. Tom also heard that Harry had borrowed money from his aunt to buy the trains. When Tom retired, he sold his trains to David. Harry sued Tom claiming breach of contract, or in the alternative, for promissory estoppel. Who wins?
Wiki User
∙ 15y ago
Wiki User
∙ 14y agoThe rules of common law insist on consideration but equity does not. Equity is concerned that there is no injustice.
In Central London Property v. High Trees House [1947] 1 K.B., Lord Denning held that a promise intended to be binding, intended to be acted on and in fact acted on, is binding even if there is no consideration.
During times of war, many had left England and the occupancy of the rental flats was very low. Central London Property agreed that High Trees would only pay half rent. They did so for a few years. After the occupancy was full, CLP insisted on back payments of the rent. The court held this to be unconscionable as High Trees had relied on that promise. However, the court did re-instate the original rent from the time of full occupancy.
How is that for a first year law student?
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The doctrine of promissory estoppel requires a clear and definite promise?
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The circumstances where an offer cannot be withdrawn under promissory estoppel is also known as?
Detrimental reliance (promissory estoppel), 181, 188 Cheeseman (2010) stated, "EQUITY: PROMISSORY ESTOPPEL The doctrine of promissory estoppel, or equitable estoppel, is another equitable exception to the strict application of the Statute of Frauds. The version of promissory estoppel in the Restatement (Second) of Contracts provides that if parties enter into an oral contract that should be in writing under the Statute of Frauds, the oral promise is enforceable against the promisor if three conditions are met: (1) The promise induces action or forbearance of action by another, (2) the reliance on the oral promise was foreseeable, and (3) injustice can be avoided only by enforcing the oral promise.Where this doctrine applies, the promisor is estopped ( prevented ) from raising the Statute of Frauds as a defense to the enforcement of the oral contract." (p.226)
What does a promissory estoppel do?
Promissory estoppel is when a person makes a false statement to another and the listener relies on what was told to him/her in good faith and to his/her disadvantage.
What has the author Denise Stamper written?
Denise Stamper has written: 'The development of the doctrine of proprietary estoppel'
What is a Promissory Estoppel?
The mortgage co. has so many days required by law to respond to the request in writing to establish the pay-off amount of mortgage note with validation if they fail to do so they are in serious violation of statute and are at risk for fines an/or penalities by the state licencing board, etc.! If one party promises to excuse the other party from their duties, but then goes back on this promise in a unfair way, the court may allow this following the equitable doctrine of promissory estoppel, established in the case of Central London Property trust v High Trees House (1949).
What branch of law deals with collateral estoppel?
Also known as issue preclusion, collateral estoppel is a doctrine that prevents a person from re-litigating an issue once it has been ruled on. Collateral estoppel originated in civil law, but has been applied to federal criminal law.
What is estoppel and non-compliance with statutory formalities?
Here is a basic definition of "estoppel." Estoppel is a legal doctrine that prevents a person from adopting a position, action, or attitude, asserting a fact or a right, or prevents one from denying a fact inconsistent with an earlier position if it would result in an injury to someone else. There are three types of estoppel and the question is not really specific enough to render a more exact answer.
I have a complaint along with 100 to 150 people who have a promissory estoppel upon hiring.?
You can file a class action, find an attorney here http://www.lawinfo.com/attorney/Class-Action/
Statute of limitation on charged off accounts in va.?
ORAL=3, WRITTEN=5, PROMISSORY=6, OPEN=3 CREDITINFOCENTER.COM
Is their a statute of limitation to file a law suit for a personal loan in California?
A personal loan is typically in writing or secured by a promissory note. In California the limitation would be four years. If it is oral, it is only two years.
What contribution did the equitable doctrine of proprietary estoppel make to the modern land law?
I am pretty sure that is an assignment question, and you are very lazy. Go research it yourself.
What is the difference between quasi-contracts and implied-in-fact contracts?
A quasi-contract is not actually a contract but is instead a remedy. Also known as an implied-in-law contract, it is recognized in order to do justice under contract law, such as wherein the doctrine of promissory estoppel is applied.An implied-in-fact contract is a contract deemed to exist between parties whose conduct tacitly recognizes the existence of a contract between them.
