Estoppel

Promissory estoppel protects a promisee’s reliance on a promise.

A court will ‘estop’ the promisor from unfairly not following a promise.

Elements:

• Promise

• Reliance by Promisee

• Inequitable for the Promisor to Resile (deny the promise).

In Central London Property Trust v High Trees House, HTH promised a tenant that their rent would be reduced because of the Blitz. HTH later sued for the back rent. Denning J stated that the tenant relied on the lower rent to stay in the property. However, this would only apply during the war as this was the fair outcome.

In Combe, Denning LJ states that promissory estoppel can only be used as a ‘shield’ and not a ‘sword’. Therefore, it can only be used to protect yourself against another person’s claim, but not to formulate a claim. He argues that otherwise he would be undermining consideration.

In a PQ, if there is no consideration, promissory estoppel should be examined.

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Resources:

[EXAM] Consideration, Estoppel and Intention

.pdf

Download PDF • 59KB

[SAMPLE EXAM Qs] Estoppel

.pdf

Download PDF • 101KB

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References:

Cases Mentioned:

Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130

Combe v Combe [1951] 2 KB 215