Evolution of promissory estoppel

The Doctrine of estoppel is an equitable doctrine in law. This principle is generally used in common law against any breach of contract between parties. The main intention of this doctrine is to avoid injustice to anyone like the other laws. Every act of everyone attracts consequences for it.

The principle of estoppel has developed over the years. It has been recognized as a rule of law. But before that, there was a conflict over the past years whether the concept of estoppel is a rule of substantive law or rule of evidence. In India also, the concept of estoppel was related to our society from the origin of our civilization. Citizens of Indian civilization always believed in the concept of justice and truth as we followed the concept of ‘Sathyam’ and ‘Dharmam’.

See full list on legodesk. Estoppels can be divided into some kinds. Basically, those estoppels which are not mentioned or covered under the Evidence Act may be called equitable estoppels. This type of estoppel generally arises from any existed duty towards someone.

The doctrine of promissory estoppel is a much new developed concept. We can see in early England cases there was no mention of estoppel but raising equity. Metropolitan Railway Company, Lord Cairns mentioned about ‘raising equity’ concept. In the case of Hughes v. In India, we can see judgments where courts estopped government bodies by their promise. The courts are often seen to have applied the doctrine of promissory estoppel even against the government.

And after these years this doctrine has been granted statutory recognition under the Indian Evidence Act. Sundara Shetti, the doctrine of estoppel has been permitted to bring it against a University. State of Kerala, the court decided that estoppel cannot be applied against the Government if it jeopardizes the constitutional powers of the Government. The theory of estoppel generally says that if someone makes any promise to any other person and if the promise is not against any public policy or not inconsistent with any law of the lan then the person cannot refuse his promise. Nowadays, courts also held responsible and accountable governments for their promises to others.

Central London Properties Ltd. This concept over the year got its recognition under Indian Laws. The following elements must be present for the doctrine of promissory estoppel to be enforceable: 1. High Trees House Ltd. Promisor made a significant promise to cause the promisee to act on it. The first element of promissory estoppel is that the promise made to the promisee was significant enough and that a reasonable person would ordinarily rely on it.

What is the rule of promissory estoppel? Are papers exempt from the promissory estoppel law? Did the First Amendment stop estoppel? PROMISSORY ESTOPPEL AND THE EVOLUTION OF CONTRACT LAW.

Associate Profeator of Buainctee Law, Indiana University. Search for more papers by this. Evolution of the Doctrine. The history of promissory estoppels can be traced back to Englan derived from the principle of equity. This is because the doctrine of promissory estoppel is essentially a flexible, equi-table doctrine which lays out a general structure capable of being filled with local content.

The malleability of the doctrine is an open invitation to comparativists and legal reformers to borrow it. The concept that a promise can be legally upheld after a promisee has suffered a loss as a result of relying on that promise. The promissory estoppel doctrine allows an injured party to recover on a promise upon which he relie and then suffered a loss as a result.

Example of promissory estoppel:Charles is ten years from retirement age, and has worked for the company for years. One day Charles is enticed to take on a very large project for the company, by the owner’s promise to pay him a specified amount of money each year, over the duration of his retirement. This amount is nearly percent higher than his reti. There are five elements of promissory estoppel that must exist in order for the concept to be enforced.

The five elements of promissory estoppel are listed below: 1. Legal Relationship – Some form of legal relationship must exist, or be anticipated to exist, between the parties, such as a contractual relationship. An example of promissory estoppel can be found in a case concerning a political race and the leaking of confidential information by an insider. Cohen leaked court records concerning another party’s candidate to reporters from the St.

Paul Pioneer Press, and the Minneapolis Star Tribune, based on a promise that his identity as their source would remain confidential. Compensatory Damages – An award of money in compensation for actual economic loss, property damage, or injury, not including punitive damages. Damages – A monetary award in compensation for a financial loss, loss of or damage to personal or real property, or an injury. Promisor – A person who. Promisee – A person to whom a promise is made.

This elementary composition of promissory estoppel has been the core and central topic of discussion in the evolution of the doctrine. Register and Subscribe now to work with legal documents online. Although an all-purpose doctrine, promissory estoppel proves especially useful in the construction industry, where many deals and contracts are made between parties.

This paper analyzes and investigates the topic of promissory estoppel and its evolution through common law. The idea of promissory estoppel is that the promisor is barred from arguing that the underlying promise at the heart of the case should not be legally upheld. The precept of promissory estoppel stated in India, therefore in which one by his phrases or demeanour made to the alternative party, a clean and unequivocal promise, who supposed that it would be acted upon through the party to whom the promise is made and it’s far in fact so acted upon by the opposite, the promise might be binding making it and he might be not entitled to go lower back. In most cases, one party was harmed or served injustice because of the broken promise that they relied on.

Views on damages in promissory estoppel cases are linked to a more basic issue: Is the basis of liability in promissory estoppel cases contract or tort?