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Questions and Answers
What does a waiver allow a party to do in a contract?
What does a waiver allow a party to do in a contract?
In which case was the doctrine of waiver notably developed?
In which case was the doctrine of waiver notably developed?
What is the primary purpose of promissory estoppel?
What is the primary purpose of promissory estoppel?
What is required for a modification of a contract to be legally binding under common rules?
What is required for a modification of a contract to be legally binding under common rules?
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What was the specific issue in the case of Hughes v Metropolitan Railway Co?
What was the specific issue in the case of Hughes v Metropolitan Railway Co?
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What is necessary for reliance to be considered adequate in promissory estoppel according to Lord Denning?
What is necessary for reliance to be considered adequate in promissory estoppel according to Lord Denning?
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In the case of D & C Builders v Rees (1966), what was the reason the promise did not give rise to promissory estoppel?
In the case of D & C Builders v Rees (1966), what was the reason the promise did not give rise to promissory estoppel?
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What does it mean for enforcement of strict legal rights to be considered inequitable?
What does it mean for enforcement of strict legal rights to be considered inequitable?
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What is the primary effect of promissory estoppel as outlined in the provided content?
What is the primary effect of promissory estoppel as outlined in the provided content?
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According to the content, how can modification of contract rights be characterized?
According to the content, how can modification of contract rights be characterized?
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What principle does the statement 'It is a shield and not a sword' refer to in the context of promissory estoppel?
What principle does the statement 'It is a shield and not a sword' refer to in the context of promissory estoppel?
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What must a judge consider when deciding whether to enforce a promise in the context of equitable doctrines?
What must a judge consider when deciding whether to enforce a promise in the context of equitable doctrines?
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In Combe v Combe (1951), what was significant about the relationship between the parties?
In Combe v Combe (1951), what was significant about the relationship between the parties?
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What must be proven to invoke the doctrine of promissory estoppel?
What must be proven to invoke the doctrine of promissory estoppel?
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In the High Trees case, what was the original annual rent agreed upon for the lease?
In the High Trees case, what was the original annual rent agreed upon for the lease?
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Which of the following is NOT a condition that must be fulfilled before invoking promissory estoppel?
Which of the following is NOT a condition that must be fulfilled before invoking promissory estoppel?
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What is the legal outcome of the tenant's reliance on a promise in the High Trees case?
What is the legal outcome of the tenant's reliance on a promise in the High Trees case?
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What aspect of the promise is important for it to be considered for promissory estoppel?
What aspect of the promise is important for it to be considered for promissory estoppel?
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How did the conditions of the war affect the High Trees case?
How did the conditions of the war affect the High Trees case?
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What does reliance provide in the context of promissory estoppel?
What does reliance provide in the context of promissory estoppel?
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Which statement is true about the doctrine of promissory estoppel based on the content provided?
Which statement is true about the doctrine of promissory estoppel based on the content provided?
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What was the consequence when the flats became fully occupied after the war?
What was the consequence when the flats became fully occupied after the war?
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Which of the following best describes the role of ambiguity in the context of promissory estoppel?
Which of the following best describes the role of ambiguity in the context of promissory estoppel?
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Study Notes
Waiver and Promissory Estoppel
- A waiver is the relinquishment of contract rights by one party, often by a positive act or inaction.
- Waiver can be demonstrated through deliberate inaction.
- Hickman v Haynes (1875) illustrates a buyer waiving delivery time by asking for later delivery.
Promissory Estoppel
- Promissory estoppel is a legal principle preventing someone from arguing a right that contradicts a prior agreement.
- It's used to prevent unjust actions based on inconsistencies.
- Close link exists between waiver and promissory estoppel.
- Contract modifications require consideration, but promissory estoppel can create binding promises without consideration in specific circumstances.
- Hughes v Metropolitan Railway Co (1877) is a crucial case in developing promissory estoppel.
Pre-Existing Contractual Relationship
- Promissory estoppel applies only to pre-existing contractual relationships, not to create new ones.
- There must be a clear promise or representation to modify existing legal obligations between parties.
Reliance
- Reliance is a critical aspect of promissory estoppel.
- Promises relied upon must have influenced the promisee's conduct.
- Reliance (including detrimental reliance) provides grounds for enforcing promises.
Inequitable Enforcements
- Promissory estoppel can't enforce a promise if it would be inequitable to enforce the strict legal right.
- Promisor should not have exploited a vulnerable position.
- D & C Builders v Rees (1966) illustrates where debt modification was not supported by promissory estoppel due to inequitable conduct.
Effect of Promissory Estoppel
- Promissory estoppel is suspensory, meaning future rights are not nullified.
- High Trees House Ltd v Central London Property Trust Ltd (1947) demonstrated the temporary nature of the promise (limited to wartime).
- Tool Metal Manufacturing Co Ltd v Tungsten Electric (1955): further developed the scope of promissory estoppel's temporary application.
No New Rights
- Promissory estoppel does not create new legal rights, only modifies the enforcement of existing ones.
- Used to prevent enforcement, not establish new rights.
- Combe v Combe (1951) demonstrated that promissory estoppel cannot be used as a basis for creating new claims.
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Description
This quiz explores the concepts of waiver and promissory estoppel in contract law. It highlights key cases such as Hickman v Haynes and Hughes v Metropolitan Railway Co that illustrate these principles. Understand how each concept relates to contract modifications and the enforcement of promises.
