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Understanding the Doctrine of Promissory Estoppel in Contract Law

In contract law, a promissory estoppel is a doctrine that allows a party to enforce a promise made by another party even if there is no formal agreement between them. This doctrine applies in situations where one party relies on a promise made by another party, and the promise is subsequently broken. In this blog post, we will discuss the doctrine of promissory estoppel in detail and how it applies in contract law.

What is Promissory Estoppel?

Promissory estoppel is a legal principle that prevents a party from going back on a promise made to another party if the latter has relied on that promise to their detriment. The doctrine is based on the concept of fairness and equity and is intended to prevent a party from taking advantage of another party’s reliance on a promise.

In essence, promissory estoppel arises when a party makes a promise that they know, or ought to know, will be relied on by another party. If the other party does in fact rely on the promise and suffers a loss as a result of that reliance, the first party is prevented from going back on their promise. This means that the other party can hold the first party accountable for any damages they may have suffered as a result of their reliance.

Requirements for Promissory Estoppel

To establish promissory estoppel, the following requirements must be met:

  1. A clear and unambiguous promise must be made by one party to another.
  2. The promise must be made with the expectation that the other party will rely on it.
  3. The other party must actually rely on the promise.
  4. The reliance must be to the detriment of the other party.
  5. It must be inequitable for the first party to go back on their promise.

The doctrine of promissory estoppel is often used in cases where there is no formal contract between the parties or where there is a dispute over the terms of a contract. It allows the court to enforce a promise made by one party, even if there is no written agreement between the parties.

Examples of Promissory Estoppel

Here are some examples of how the doctrine of promissory estoppel can apply in contract law:

  1. Employer Promises Bonus: An employer promises an employee a bonus if they meet certain performance targets. The employee works hard and meets the targets, but the employer then refuses to pay the bonus. The employee could use promissory estoppel to enforce the promise made by the employer.
  2. Promises to Donate: A person promises to donate money to a charity, and the charity relies on the promise to fund a project. If the person later refuses to donate the money, the charity could use promissory estoppel to enforce the promise.
  3. Sales Promises: A salesperson promises a customer that a product will perform a certain function. The customer relies on this promise and purchases the product, only to find that it does not perform as promised. The customer could use promissory estoppel to hold the salesperson accountable for any damages they may have suffered as a result of their reliance.

Promissory estoppel is an important doctrine in contract law that allows a party to enforce a promise made by another party, even if there is no formal agreement between them. To establish promissory estoppel, the promise must be clear and unambiguous, made with the expectation of reliance, actually relied on, to the detriment of the other party, and it must be inequitable for the first party to go back on their promise. If these requirements are met, the court can enforce the promise and hold the first party accountable for any damages suffered by the other party.

Restatement (Second) of Contracts § 90 (1981)
Central London Property Trust Ltd v. High Trees House Ltd [1947] KB 130
Waltons Stores (Interstate) Ltd v. Maher (1988) 164 CLR 387
Hughes v. Metropolitan Railway Co. (1877) 2 App. Cas. 439
Baird Textile Holdings Ltd. v. Marks & Spencer plc [2001] EWCA Civ 274
Combe v. Combe [1951] 2 KB 215
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