Promissory Estoppel Flashcards
D&C Builders v Rees
Facts: Rees didn’t pay the full sum for the work D&C had done following an agreement to do so; D&C where under fear of going bankrupt
Decision: Rees had to pay the whole sum
Significance: It must be equitable to enforce a debt
Walton Stores v Maher
Australian case where estoppel has been used as a sword
Baird v M&S
Facts: Baird had been producing clothes for M&S for 30 years; M&S suddenly cancelled their order; there had been no contract
Decision: They where not estopped
Significance: A contract must be expressed not implied
Combe v Combe
Promissory estoppel is a shield not a sword
London Central Property Trust v High Trees
Facts: the claimants reduced rent during WWII then wanted to revert to the original agreement
Decision: they could
Significance: In Lord Denning’s obiter that when a party has relied on a promise it cannot be taken back at a later stage
Jorden v Money
Can’t be a statement of future intention
Crabb v Arun District Council
In proprietary estoppel there must be detrimental reliance; can be a cause of a action
Hughes v Metropolitan Railway Co
When negotiating the clock was paused