Week 5 - Promissory Estoppel Flashcards
What does promissory estoppel mean?
To stop someone going back on what they promised
What is the first requirement for promissory estoppel?
Pre-existing contractual relationship
What is the second requirement for promissory estoppel?
One party agrees to waive some of their rights
What is the third requirement for promissory estoppel?
The party who waivered their rights knowing the other party relied on this waiver
What is the fourth requirement for promissory estoppel?
That the other party DID NEED to rely on this waiver
What does the doctrine of promissory estoppel act as?
A defence to a claim by a creditor for the remainder of the debt where part-payment has been accepted
What can promissory estoppel only be used as?
A defence
Promissory estoppel is an equitable principle. What does this mean?
It is not a legal right - it is applied at the court’s discretion