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Promissory Estoppel Cases | Contract Law
• Promissory estoppel applies in cases where a creditor represents that he will accept a part payment of debt in full satisfaction of the balance and the debtor acts on this representation in good faith - in such cases the court will stop the enforcement of the creditors legal rights.
Promissory estoppel, on the otherhand, is triggered when a claimant has acted to her detriment on the basis of apromise that another party will not enforce his strict legal rights.
Contract Law - Promissory Estoppel | Estoppel | …
Thus, for example, if a landowner promisedthe claimant that she could remain in a house for her life, this promise wouldbe treated as creating, not an expectation that the promise would not be withdrawn,but rather a mistaken belief in the claimant that she had a legal entitlementto remain in the property.
Inrelation to promissory estoppel, one needs a clear and unambiguous statement ofintention. It appearsthat one is looking for something in the nature of a direct promise; althoughit need not be express, it probably must have "the same degree ofcertainty as would be needed to give it contractual effect if it were supportedby consideration."It is also required that the promise be intended to affect the legalrelationship between the parties.
Consideration And Promissory Estoppel Essay Writing
Could the entire Irish law of estoppel reallybe revolutionised in a single paragraph, without analysis or consideration ofthe consequences, through the citation of a dictum from a English casewhich apparently was not raised by counsel, a dictum which moreoverrepresented the views of only one of three judges in the case and which mayfairly be regarded as the most extreme expression of opinion to be found in theentire corpus of English case law on estoppel?
One must conclude, therefore, that was simplyanother example of an Irish judge reaching a conclusion which he regarded asjust without paying much attention to strict legal doctrine.
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Consideration and promissory estoppel essay ..
By virtue of s 1 of the Law of Property Act 1925, a term of years absolute inpossession is one of the two estates in land that may exist either at...
Promissory Estoppel – Usa Online Essays
LAND LAW CASE STUDY: Paula and Paul, brother and sister, have recently discovered that their l7 year-old nephew Frank has been orphaned in a road accident and that they are his legal guardians. In anticipation of Frank coming to live with them, they decide to buy a bigger house with their savings and with some of the money left to Frank by his parents over which they have lawful control until Frank is 18. The new house, title to which is unregistered at all material times, is expressly conveyed into their joint names as legal and equitable joint tenants. There is no mention of the fact that Frank’s money was also used. Frank arrives and Paula and Paul employ a live-in personal tutor, Matilda. Matilda lives in a self-contained part of the house for which she pays Paula and Paul £70 a week. Unknown to Matilda and Frank,
Paula and Paul sell the property to Perry. Perry is told, and believes, that Frank and Matilda are the vendors children.
Advise Frank (who is now 18) and Matilda as to their right to stay in the
property. Is the law in this area satisfactory?
Consideration and promissory estoppel essays
In considering how to write this essay it came to mind that there were two ways in which to interpret the above question. One interpretation would be that in order to answer...
Law Essay Writing Professionals
• King CJ reasoned that there was no contract and Quaglia did not suffer an obvious detriment but the detriment is enough. The landlord promised not to enforce his legal right. Even though the detriment of having to pay a lump sum payment is not large, the trial judge is in a better position to decide the magnitude of the detriment.
Description: FIRST CLASS LAND LAW ESSAY - PROPRIETARY ESTOPPEL
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