consideration & PE Flashcards
Pollock
‘an act of forbearance of one party, or the promise thereof, is the price for which the promise is bought.’
D&C Builders v Rees
builder who completed work for D reluctantly accepted a lower payment than owed as D refused to pay the full sum, builder was allowed to pursue the
remainder under Pinnel as there was no consideration for his acceptance of the lower payment
Crabb v Arun DC (Lord Denning)
in such cases ‘if he makes a binding
contract that he will not insist on his strict legal position, a court of equity will not hold him to his
contract.’
Mee
detrimental reliance which is ‘conduct that would make it unconscionable for representor to withdraw from representation.’
Hughes v Metropolitan Railway Co
the lessor of property made and agreement with D
not to enforce their duty to do repairs on the property during negotiations, which he then
subsequently sought to enforce. PE applied here to prevent the lessor going back on his word that
he would not rely on his strict contractual rights.
High Trees
P let flats to D and agreed to reduce the rent during the war. When war was over P sought full rent and some of the money back from during that period. The court held P was estopped from claiming
full rent during the period of the war but was entitled to full rent once it was over
D&C Builders (contrast)
where PE did not apply because the waiver/ promise
must be entirely voluntary – the debtor put duress on the builder therefore there was no unambiguous representation.
Zurich Bank v McCannon
estoppel couldn’t apply against bank issuing summons for repayment of debt as there was no unconscionability, the bank was entitled to seek to be repaid.
Courtney v McCarthy
it was suggested this does not mean it may never be a ground of action
