Estoppel

Question 1

Estoppel

Answer 1

prevents a party from withdrawing a promise where another party has relied upon it and acted upon it

Question 2

Promissory Estoppel

Answer 2

If one party makes a promise which intends to affect their legal relations and to be acted on, once the other party relies on it and takes actions, the other party can’t go back on his promise

Question 3

Standards for Promissory Estoppel

Answer 3

1. Pre-existing Legal Relationship
2. The promise is unambiguous
3. The promise is relied upon to the detriment of the party
4. It would be inequitable to allow promissor to make use of their original rights prior to the promise

Question 4

Proprietary Estoppel

Answer 4

• one party acts to his detriment on the belief, which is encouraged by the other party, that they have or are going to have rights over property
• that party can’t insist on their previous rights if it’s contrary to the belief of the other party

Question 5

Partial Performance

Answer 5

• if there is an oral contract and one party has already paid
• even though it may be against the SoFs, if there is evidence of the 3Ps the courts will intervene.
• 3Ps: Payment, Possession and Improvements