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PRESENTATION ON
TUTORIAL QUESTION ON
PROMISSORY ESTOPPEL
FACTS
IS THERE
ANY
REMEDY
FOR MR.
DOCTRINE OF PROMISSORY
ESTOPPEL
Prevents a party from acting in a certain
way because the first party promised
not to, and the second party relied on
that promise and acted upon it.
Provides a means of making a promise
binding, in certain circumstances, in the
absence of consideration.
FEATURES OF PROMISSORY
ESTOPPEL
Mere silence can
give rise to a
promise or
active
encouragement
Clear and
unequivocal
Doctrine applies
even if there is no
pre-existing legal
or contractual
relationship
between parties
Unfair/Unjust
Promisors act
has influenced
the promisee
Representation
may be of fact or
of law
LEGAL ISSUES
ARISED
Law
Mere silence can give rise to the promise/ active
encouragement
Authority
Application
Law
Authority
Application
It must be unfair/unjust
for the promisor to go
back to his promise
and insist on his legal
right
W H E T H E R T H E U N I V E R S I T Y S AC T T O O F F E R M R. DI A Z T H E U N I V E R S I T Y S B U N G A LO W
H A S I N FLU E N C E D H I M T O S E L L H I S S E M I - D E TAC H E D H O U S E ?
Law
Law
Promissory Estoppel does not create new causes
of action where none existed before. It is a
defence and not a cause of action.
Estoppel is a shield not a sword
Authority
Combe v Combe
Application
The act of the University selling some of its
bungalows to reduce financial problem is not
considered as a valid reason to apply promissory
estoppel because it is regarded as shield not a
CONCLUSION