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Discussions on promissory estoppel
Discussions on promissory estoppel
Discussions on promissory estoppel
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Promissory estoppel cases arise from a doctrine of contract law, enabling a damaged party to recover compensation due to consequences of a promise that wasn't kept. Promissory estoppel aids the party who relies on a promise of another party and experiences loss because the promise wasn't honored. The purpose of promissory estoppel was to prevent the promisor from reneging on the promise they made, being unable to claim that the original promise, should not be legally enforced. Promissory estoppel deters the promisor from disputing the promise which the promisee depended on. Promissory Estoppel Correlated to Equitable Estoppel Promissory estoppel is a type of equitable estoppel. Equitable estoppel prevents one party from taking unfair advantage …show more content…
Briscoe (1964) 1 WLR 1326; or where there are changes in the promisee's position as a result of relying on a promise even though he suffers no detriment. Promissory estoppel gives assistance to an injured party, helping them recover on a …show more content…
Metropolitan Railway (1877)2 App Case 439. The owner of the property gave his tenant the option of repairing the property in six months or face forfeiture. Under the lease, Hughes, the owner, could make the tenant, Metropolitan Railway, do repairs on the building, so the tenant had six months to complete the repairs.before the six months had transpired, the tenant proposed to the owner to buy the property. There were negotiations for the purchase of the property but it wasn't settled. After the six months expired the owner sued the tenant for breach of contract and attempted to evict the tenant. The tenant had completed the agreed upon repairs past the six-month deadline. The owner was successful at suing the tenant, however, appellate court overruled the decision. It was originally believed that the plaintiffs were trying to take advantage of the defendants by negotiating with them and then stalling causing the six months to expire and then suing them. But that wasn't true. They sued them because the six months had
This is a complex case, involving multiple parties and several variables that need to be examined thoroughly. The parties mentioned include Knarles operator of the facility maintenance company, his son Barkley, their employee, a licensed plumber, and Mr. Chetum. Although in the end Chetum is suing the facilities maintenance firm for a breach of contract, all factors must be examined to determine proper fault.
Ron Engineering & Construction Eastern Ltd. v. The Queen in Right of Ontario et al. 24 O.R. (2d) 332,
A promissory estoppel is present if one party makes a promise to the other knowing that the other will rely on it. If the other party relies on it, there would be an injustice if the promise was not enforced. In the case of Sam and the chain store, unless the chain store had already paid him and/or spent money in anticipation of the arrival of the 1000 units, promissory estoppel would not be present since they did not rely on Sam’s promise. However, since the text reads that the chain store wrote a letter to Sam demanding that the 1000 units be sent, it implies that they had relied upon that
If a breach of contract is both material and opportunistic, the injured promisee has a claim in restitution to the profit realized by the defaulting promisor as a result of the breach. Liability in restitution with disgorgement of profit is an alternative to liability for contract damages measured by injury to the promisee.
Atlantic Cement, landowners with property adjacent to a cement plant sued Atlantic Cement. They sued alleging that dirt, smoke, and vibration from the cement plant caused nuisance. The trial court agreed and awarded damages, but rejected the request for an injunction to get rid of the problem. Some facts of the case are that Atlantic Cement Co. (Defendant) operated a large cement plant. The plaintiffs are the neighboring property owners. They filed suit seeking an injunction and damages for injury to property. The lower courts ruled that it was a nuisance, but found that the value of the Defendant’s operation outweighed the consequences of the injunction. The plaintiffs appealed this. The issue that arises is against current state policy, could a single recovery be had without the court issuing a permanent injunction? The appeal was successful and the court granted the injunction. This injunction will be vacated upon the payment of permanent damages to Plaintiffs. This payment would compensate them for present and future economic loss to their
Defining Issue: In order to make an agreement binding one element that must be used is consideration. Without consideration an agreement may not be enforceable, even if there has been an offer and acceptance. What a promiser demands and receives is the price for the promise, which is consideration. A person who makes the promise is called the promisor, while the person to whom the promise is made to is called the promisee. However, the promisor is not entitled to consideration.
In common law tort cases, courts must decide the outcome based first on what is the most fair for both parties and then on precedent, but if a higher court finds that a lower court was in error they may overturn that precedent. This was the case in Sherwood v. Walker. We will review the initial facts of the case, including: the initial negotiation and agreement, the denial of the sale, the first trial and the Michigan Supreme court reversal. We will look at the legal issues involved and approach of the courts and how that approach was applied. Finally, we will look at how the court’s conclusion might be applied in a case today by analyzing a detailed fictitious case, the arguments of both parties and the court’s decision.
The case presented is that of Sam Stevens who resides in an apartment. He has been working on an alarm system that makes barking sounds to scare off intruders, and has made a verbal agreement with a chain store to ship them 1,000 units. He had verbally told his landlord, Quinn, about his new invention and Quinn wished him luck. However, he recently received an eviction notice for the violation of his lease due to the fact that his new invention was too loud and interrupting the covenant of quiet of enjoyment of the neighbors and for conducting business from his apartment unit.
The law supports the area that may lead to the eviction of a tenant from the landlord’s property. In this case, the landlord can’t remove the tenant from the home based on the lease agreement he has signed. The contract is already foreseen for reasons that could lead to the eviction of the property. Nevertheless, my argument may be based on the actions of the landlord and the tenant, but the landlord can’t force out the tenant without a notification of eviction because the damages were caused because the landlord had not fully renovated the home on time. From a legal point of view, eviction can only take place in the event of a complete breach of the lease or an inability of the tenant to pay the landlord the rent.
The construction site was in a downtown area of a large southeastern city, criss-crossed with city streets, utilities, and immediately adjacent to mid-rise and high rise buildings. Nearly all of the work was required to be constructed within temporary piling structures to limit settlement of adjacent structures. The construction contract called for seven phase releases of work areas and nine completion milestones, each milestone has its own liquidated damages penalty. The construction contract was valued at $10 million, and the duration was 545 calendar days. Following the completion of the work, the contractor filed a claim for $5.5 million and 1.1 million in interest. The authority subsequently denied the claim and the contractor, in accordance with the contract, filed an arbitration demand with the American Arbitration Association. Following the contractor’s issuance of the demand letter, the parties agreed to resolve the dispute through negotiation” (Ray,
What occurred in this case was that in a new build factory there had been inoperative flooring set and the claimants in this case lost money due to the flooring having to be reset again. In this case the claimants were in contract with the builders who laid the floor but decided not to sue them but to sue the sub contractors for their negligence because they were present when the builders and claimants were at meetings when discussing the flooring. Similarly, to the case Anns v Merton London Borough Council [1978] the court allowed the claimants to sue the defendants for their financial
The deceptiveness has either caused injury to the plaintiff or has the potential to inflect injury. The injury suffered is often
It has been asked in the given scenario to evaluate Neuberger LJ's approach to the relationship between the doctrines of the constructive trust and proprietary estoppel. To evaluate that, it is necessary to explain the definition of the constructive trust and proprietary estoppel. Constructive trust is basically a form of trust which has been created by the courts where the defendant has dealt with proprietary in an "unconscionable manner", such as stealing or possessing it via fraud etc. Millet LJ in Paragon Finance Plc v DB Thakerar & Co (1998) EWCA Civ 1249, referred to it as a trust which arises by operation of law whenever the circumstances are such that it would be unconscionable for the owner of property to assert his own beneficial interest in the property and deny it to another.
Carlill the plaintiff who is the party filling the case went against the defendants who was carbolic smokeball Company due to a breach of contract.
- Receive a fair settlement of just claims including compensation for misrepresentation, shoddy goods or unsatisfactory services