Promissory estoppel: Difference between revisions
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A principle of [[equity]] that if you have made a promise, without [[consideration]], but in circumstances that you know the other person relies on to its detriment, you can’t then go back on that promise, at least not retrospectively. You will be “estopped” (or, in modern language, “stopped”) from doing so. First articulated by Lance Cairns in {{casenote|Hughes|Metropolitan Railway}}, but resuscitated and given new life in the seventies by a spry young jurist by the name of [[Lord Denning|Denning]] in the celebrated case of {{casenote|Central London Property Trust Ltd|High Trees House Ltd}}. | {{a|contract|}}A principle of [[equity]] that if you have made a promise, without [[consideration]], but in circumstances that you know the other person relies on to its detriment, you can’t then go back on that promise, at least not retrospectively. You will be “estopped” (or, in modern language, “stopped”) from doing so. First articulated by Lance Cairns<ref>Lord Cairns, not Lance Cairns. This is a running, but not especially funny, joke in the pages of the [[JC]].</ref> in {{casenote|Hughes|Metropolitan Railway}}, but resuscitated and given new life in the seventies by a spry young jurist by the name of [[Lord Denning|Denning]] in the celebrated case of {{casenote|Central London Property Trust Ltd|High Trees House Ltd}}. | ||
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*{{casenote|Hughes|Metropolitan Railway}} | *{{casenote|Hughes|Metropolitan Railway}} | ||
*{{casenote|Central London Property Trust Ltd|High Trees House Ltd}} | *{{casenote|Central London Property Trust Ltd|High Trees House Ltd}} | ||
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Latest revision as of 10:45, 2 November 2020
A principle of equity that if you have made a promise, without consideration, but in circumstances that you know the other person relies on to its detriment, you can’t then go back on that promise, at least not retrospectively. You will be “estopped” (or, in modern language, “stopped”) from doing so. First articulated by Lance Cairns[1] in Hughes v Metropolitan Railway, but resuscitated and given new life in the seventies by a spry young jurist by the name of Denning in the celebrated case of Central London Property Trust Ltd v High Trees House Ltd.
See also
- Estoppel
- Waiver by estoppel
- Hughes v Metropolitan Railway
- Central London Property Trust Ltd v High Trees House Ltd