lecture 4

Question 1

what is promissory estoppel

Answer 1

not part of contract law, you do not get a contract, rather D is prevented from doing something.

Question 2

requirements of promissory estoppel

Answer 2

1. A has made a clear and unequivocal promise not to enforce legal rights against B
2. B has relied on the promise
3. It would be inequitable for A to resile

Question 3

Hughes v Metropolitan Railway Co (1877)

Answer 3

case law showing that promises in promissory estoppel can be implied

Question 4

change of position as reliance

Answer 4

where a promisee bases their affairs over a long period of time on the promise, so that it is hard to say how many things would have been otherwise

Question 5

Guest v Guest

Answer 5

son worked on farm for many years based on promise to inherit it, had “incalculable whole-life consequences”

Question 6

connection between promise and reliance

Answer 6

as a matter of principle it is probably necessary that the reliance be reasonably foreseeable

Question 7

contracts that require formalities

Answer 7

long leases must be by deed (Law of Property Act 1925, s52 and s54)
contracts regarding interests in land must be in writing and signed by LP
regulated consumer contracts

Question 8

formality requirements proposed by Lon Fuller

Answer 8

1. Evidentiary- creating a record of what was said, reducing the potential for misunderstanding/disputes
   2.Cautionary- prompting individuals to reflect on what they are about to “sign up” to
   3.Channelling- formalities, esp deeds, provide “channels for the legally effective expression of intention”

Question 9

what is a term

Answer 9

contractual term is an undertaking to do something, or an undertaking that some fact is the case.

Question 10

If a statement is not a term:

Answer 10

it may still be a misrepresentation, which will trigger certain remedies.
or it may have no legal effect at all being a mere puff, or mere statement of opinion

Question 11

incorporation of written terms

Answer 11

3 ways terms can be “incorporated” into a contract
signature
notice
course of dealing

Question 12

signed terms

Answer 12

where a contract is signed, the signatory is bound regardless of whether they read the document or not, unless the term is misrepresented

Question 13

incorporation by notice

Answer 13

an unsigned term will only be incorporated if:
notice is given at or before the contract is formed
notice is adequate, party done enough to bring them to attention of the other
prominence of notice: terms in a notice will be incorporated if the notice is sufficiently prominent

Question 14

Parker v SE railway

Answer 14

prominence of term by notice must be sufficiently prominent