Doctrine Of Promissory Estoppel Free Essays - …
Doctrine of Promissory Estoppel. Essay - 1109 Words
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Considering the doctrine of promissory estoppel - Law …
“The doctrine of promissory estoppel is necessary to prevent unjust outcomes that may result from strict application of common law. Australia courts, however, have expanded the doctrine to the point where consideration is no longer relevant.”Discuss the above statement, explaining the origins of th doctrine and what effects successive decisions by the Australian courts have had on it.
Doctrine of Promissory Estoppel. - WriteWork
However, there are problems with . Firstly, as a High Court case it is in direct contrast to the House of Lords precedent in and appears to undermine its authority. Lower courts are bound by the precedents set in the House of Lords, yet controversially, the High Court has departed from this rule and the House of Lords decision where they had no obvious grounds to do so. Secondly, Denning, J. was only a first instance judge yet he had created a new doctrine despite the fact that he had no clear authority for do so. Denning, J. attempts to justify his departure from the House of Lords precedent by suggesting that the idea of promising to ‘accept a smaller sum, if acted upon is binding notwithstanding the absence of consideration’ was not considered in . Professor Treitel attempts to understand this by saying that it “was not thought to be relevant in because that case was concerned with argument that legal rights had been permanently extinguished while the principle was concerned with their temporary suspension”Although it is still not clear how this justifies the departure from the House of Lords precedent. Furthermore, estoppel usually applies to present or past issues, yet Denning, J. applied it to the future promise. Interestingly, either by design or by coincidence, Denning, J. happened to be sitting in many of the cases where this new and emerging doctrine was subsequently considered, thus playing an important role not only in its inception, but also in its development.