ipl-logo

Promissory Estoppel Research Paper

1195 Words5 Pages

“Estoppel is a mechanism for enforcing consistency; when I have said or done something that leads you to believe in a particular state of affairs, I may be obliged to stand by what I have said or done, even though I am not contractually bound to do so.” – E Cooke

An estoppel is simply a method developed by the courts, which could prevent or estop a party from performing in a particular way when the other has relied upon the facts that were represented to him. There are several types of estoppel like proprietary estoppel, estoppel by representation of fact. However, in this essay our focus is on the promissory estoppel as it relates to the Law of Contract.

The courts initially created the doctrine of promissory estoppel in order to avoid …show more content…

These will be discussed as …show more content…

common-law exception and equitable exception. In the common law exception, if the debtor provides some sort of benefits (consideration) and the creditors agreed, this can be one of the exceptions for the general rule of party payment of debts. The part payment from third party would be a valid consideration as it would be a fraud on the third party if the courts allow the moneylender’s to claim. Another exception is the composition agreements. This is an agreement between debtor and a group of creditors, under which the creditors agree to accept a percentage of their debts in full settlement. If the court let the individual creditor to claim the balance it would amount to a fraud on the other creditors who had all agreed to the acceptance of part of the debts as a full settlement. In another category, which is the equitable exception, promissory estoppel is the doctrine that used to against the general rule of the part payment of debts. This doctrine would be discussed in the following

Show More
Related
117 Words | 1 Pages

Predication: On 11/11/17, Asset Protection Manager (APM) Kristin Catucci contacted APM Jakub Orlando regarding Customer Service Associate (CSA) Anthony Stoddart who was suspected of taking money out of the register for personal benefit. Facts: On 11/14/17, APM Orlando reviewed CCTV footage along with POS electronic journal to confirm this allegation. CCTV footage reviled that CSA Stoddart took money from the bottom of the register and placed it into his pocket.

Read More
507 Words | 3 Pages

J. “Tangible Personal Property “ shall mean all of Debtor 's clothing, jewelry,furnture, furnishing, household goods, motorized vehicles, sport & hobby equipment and objects of art, valued at purchase of more then $200.00, that can not be claimed by a third party. K. “Income”, “Funds”, “Distributions” shall mean transfers, payouts, capital, and/or releases to Debtor and or third party agent of Debtor. To include to Debtor 's business interests. L.

Read More
89 Words | 1 Pages

The Fugitive salve act was an act passed by the US Government in response to slaves escape from their slave masters. The law briefly stated that if the run away slave be caught by any of the free northern solider, They shall be handed back to their slave master in the south and the law also stated that the northern people will have to abide by that same law. This law should be considered unbearable. I personally would not abide with this law. There should be no such law.

Read More
485 Words | 2 Pages

Summary: In 1973 the supreme court had the "Doe vs. Bolton" case. This case had to deal with abortion. In Georgia the abortion laws were if a woman was either in danger or could die from the pregnancy, the fetus could be born with a serious birth defect, or the woman was pregnant because she was raped. You also had to be approved to get an abortion by 3 different physicians and a special committee of the staff where abortions were performed.

Read More
491 Words | 2 Pages

The Federal Anti-Kickback Statute The Federal Anti-Kickback Statute is a criminal law that prohibits the knowing and willful payment of direct or indirect “remuneration”, to induce or reward patient referrals or the generation of business that involves any service or items payable by the Federal health care programs (e.g., drugs, supplies, or health care services for Medicare or Medicaid patients).[1] Remuneration can incorporate anything of value and can be of any form other than cash, for example travel tours, expenses for lavish hotel stays or immoderate compensation for medical consultations or referrals. In some industries, it is allowed to give compensation or reward to those who refer business. But, in the health care, referral is a

Read More
641 Words | 3 Pages

Edward Acosta Per.3 How did our constitution guard against tyranny. Tyranny is a big problem many countries have. When framers of the constitution met in philadelphia they wanted to guard against tyranny. The framers did this by having separation of powers, checks and balances, federalism, and equal power between big states and small states. Tyranny is when a government is cruel or oppressive to their people.

Read More
943 Words | 4 Pages

The legal nature or name of the claim by Ernie regarding this issue is negligent misrepresentation by prospective employer. He only took the job because he was promised this job would lead to a supervisory position. b) Briefly describe the legal arguments in favour of Ernie’s claim that the Cambrian Pulp and Paper Company wrongfully failed to promote him. According to Ernie, he only took this job in hope of a promotion.

Read More
411 Words | 2 Pages

App. 2006). Upon a showing of good cause, the Court may enter an order staying discovery to protect a party from unreasonable annoyance, embarrassment,

Read More
1174 Words | 5 Pages

I will be discussing them with the principals underling these actions. I will then be linking his actions to the balancing

Read More
184 Words | 1 Pages

The original rationale of the rule of the exclusion of the wrongfulness probation has a clear constitutional scope, involves an enhanced warranty for individual rights and seeks to prevent access to process all those evidence to be obtained by the police authorities violated constitutional rights of the people. (Oaks, D. (1970)) One way it has been used in a case was during Boyd V. United States where several cases of plate glass were confiscated from the defendants by federal customs agents due to suspicion that certain documents had been falsified for the purposes of avoiding customs fees or duties. During the course of the proceedings, the defendants were ordered by the judge to produce documents showing the quantity and value of the shipments.

Read More
563 Words | 3 Pages

The 15th Amendment (Amendment XV), which gave African-American men the right to vote, was inserted into the U.S. Constitution on March 30, 1870. Passed by Congress the year before, the amendment says, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” Although the amendment was passed in the late 1870s, many racist practices were used to oppose African-Americans from voting, especially in the Southern States like Georgia and Alabama. After many years of racism, the Voting Rights Act of 1965 aimed to overthrow legal barricades at the state and local levels that deny African-Americans their right to vote. In the

Read More
1544 Words | 7 Pages

The doctrine was espoused in Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130. It requires of the promisor to honour a unilateral promise he made to the promisee who is not required to pay consideration from in certain circumstances. It was accepted as part of Australian contract law in Walton’s Stores Ltd v Maher (1988) 164 CLR 387. Brennan J listed the essential elements of an action for promissory estoppel as below; i. that the plaintiff implied or expected existence of a legal relationship whereby the promisor will not go back on his promise ii.

Read More
1261 Words | 6 Pages

A summary of issues discussed will also be given at the

Read More
1004 Words | 5 Pages

The phenomena of impartiality and objectivity are the most popular objects for discussion in the circles of journalists and media experts nowadays. There is controversy whether these theoretical concepts have practical application and whether they are essential elements of modern journalism. In this case it is significant to understand what elements of impartiality are topical for contemporaneity and whether there is a need to strive for impartiality at all. First of all, it is important to understand the meaning of the word «impartiality».

Read More
495 Words | 2 Pages

In this two-step approach the legal basis of the claim must first be ascertained by the court, followed by consideration of the injuries received by the plaintiff. In relation to the case above, the legal basis of the claim is that there was a breach of contract, which resulted in financial losses to the plaintiffs. The court held this claim to be valid breach of contract claim. The second part of the two-step approach, looked at the types of injuries received. In this case, savings and financial injury resulting in bankruptcy was the result of the defendant’s breach of contract by not providing permeant financing.

Read More

More about Promissory Estoppel Research Paper

Related Topics

Open Document