Week 5 - Promissory Estoppel Flashcards

1
Q

What does promissory estoppel mean?

A

To stop someone going back on what they promised

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2
Q

What is the first requirement for promissory estoppel?

A

Pre-existing contractual relationship

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3
Q

What is the second requirement for promissory estoppel?

A

One party agrees to waive some of their rights

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4
Q

What is the third requirement for promissory estoppel?

A

The party who waivered their rights knowing the other party relied on this waiver

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5
Q

What is the fourth requirement for promissory estoppel?

A

That the other party DID NEED to rely on this waiver

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6
Q

What does the doctrine of promissory estoppel act as?

A

A defence to a claim by a creditor for the remainder of the debt where part-payment has been accepted

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7
Q

What can promissory estoppel only be used as?

A

A defence

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8
Q

Promissory estoppel is an equitable principle. What does this mean?

A

It is not a legal right - it is applied at the court’s discretion

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