Promissory Estoppel

Question 1

Central London Property Trust vs High Trees House

Answer 1

Under equity, a promise intending to be binding and has been acted upon is binding

Question 2

Waltons stores (Interstate) Ltd v Maher

Answer 2

A promise can be enforced in equity, given that:

The promisor induced the promisee to believe in a promise

The promisee, in acting upon the induced promise, was caused detriment

The promisor acted unconscionably

Remedy varies relative to detriment caused. Normal Requirements of contract law are not required

Question 3

Giumelli v Giumelli

Answer 3

Remedy for estoppel can be either the minimum relief to reverse the detriment, or the fulfillment of the expectation

Question 4

Saleh v Romanous

Answer 4

Promissory estoppel is negative in substance; it cannot create rights

Question 5

Sidhu v Van Dyke

Answer 5

There is no presumption of reliance - detrimental reliance must be found as a fact, the legal burden on the promisee