Class 7 - Estoppel and Unilateral Contracts

Question 1

What are the 4 elements for an equitable estoppel?

Answer 1

1. There was a statement of Fact
2. That statement was reasonably relied upon
3. The recipient relied on the statement to his detriment, and
4. equity or fairness (justice) prevents the person who made the statement from denying its validity.

Question 2

What to remember from Central London Property trust ltd v High Trees House ltd?

Answer 2

Promiseree estoppel is only available as a shield for the past, not for the future.
The promise cannot be binding for the future because there can’t be reliance on it.

Here, the plaintiffs had made a binding promise. However, the evidence showed this only applied during the war. Therefore, after the war the defendants were liable for the full rent.

Question 3

What to remember from Combe v. Combe?

Answer 3

Conclusion : The court held that the wife could only enforce her agreement for the payment which was promised by the husband if she had given consideration. The court found that no consideration was given by the wife as she had not agreed to apply for the maintenance that was promised by the husband. The husband did not request the wife to refrain from taking the maintenance payment and therefore the wife could not claim for the money.

The doctrine of promissory estoppel doesn’t take over the doctrine of consideration. Need more than he made a promise and I relied on it.
If you want to enforce a promise you have to have consideration.

Question 4

What are the 3 elements of proprietary estoppel?

Answer 4

(1) A representation or assurance is made to the claimant, on the basis of which the claimant expects that he will enjoy some right or benefit over property;
(2) The claimant relies on that expectation by doing or refraining from doing something and his reliance is reasonable in all of the circumstances; and
(3) The claimant suffers a detriment as a result of his reasonable reliance, such that it would be unfair or unjust for the party responsible for the representation or assurance to go back on her word and insist on her strict legal rights.

Question 5

True or false, Combe might be enforceable in the US?

Answer 5

TRUE. They might enforce the future elements, but not in Canada (decision High Trees)

Question 6

How can I enforce a promise?

Answer 6

1. Consideration
2. Estoppel (promise to not enforce my right)
3. Seal (we include drawing a cercle and write LS for legal seal)

Question 7

What is the fundamental characteristics about unilateral contract?

Answer 7

It can only be accepted by performance.

Question 8

What to remember from Williams v Carwardine (woman who deliver information about a murderer)

Answer 8

She is entitled to get paid. It doesn’t matter why she did the things, what matter is that she did whatever was asked for. Directly when she performed the terms of the offer (giving info), a contract was formed, without considering the motivations

The motive of an individual in accepting the contract offered has nothing to do with his right to recover under the contract.

Question 9

What to remember from Carlill v Carbolic smoke ball company? (smoke ball, get the flu)

Answer 9

When you have consideration and the elements of the offer are done = you have a promise.

Question 10

What is the test in interpreting offers?

Answer 10

An objective test is used when interpreting offers

It is not important what the party intended or meant in making an offer or acceptance, but rather what a reasonable person in the position of the parties would have thought it to mean.

In interpreting whether an offer allows for unilateral performance, express intention not required. Can be implication and judged on objective standard.