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explained the doctrine of estoppel: .
It couldbe argued that there was consideration for the grant of the deferral, thus"giving it contractual status".Given that Barron J apparently accepted the contractual argument, it isunfortunate that he found it necessary to use promissory estoppel in anunorthodox manner.
The main problem with the case appears to be the factthat Barron J used promissory estoppel as a cause of action, allowing theplaintiff to enforce the promise that she would be given a place in 1987.
Contracts Promissory Estoppel Research Paper will be available on
This is the view taken by Gray note 5 supra p 327, citing WesternFish Products Ltd v Penwith DC 2 All ER 204 and by Davis "Proprietary Estoppel: FutureInterests and Future Property"  Conv 193, 195-196.
The case has been widelycriticised (see Martin "Estoppel and the Ubiquitous ConstructiveTrust"  Conv 211 and Hayton "By-passing TestamentaryFormalities" (1987) 46 CLJ 215), not least because it threatens tocomplicate further the doctrine of proprietary estoppel by the unnecessaryintroduction of the complexities of constructive trust doctrine.
Offer and Acceptance with Promissory Estoppel
Note also that in one of the few previous Irish casesinvolving estoppel and residential property, Cullen v Cullen IR 268, Kenny J also relied on promissory estoppel (although this wasexplicable on the basis of Kenny J's failure to recognise the existence of theexpectation limb of proprietary estoppel).
Although thespecial factor which explained Maharaj was lacking in Re JR, itis possible that a desire to mimic Maharaj explains why Costello J chosepromissory estoppel.
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Doctrine of Promissory Estoppel Essay - 2087 Words
Promissory estoppel, on the otherhand, is triggered when a claimant has acted to her detriment on the basis of apromise that another party will not enforce his strict legal rights.
Promissory Estoppel | Oxbridge Notes the United …
As will be explained indetail shortly, proprietary estoppel is available to a claimant who acted toherdetriment on the basis of an expectation or belief that she was, or wouldbecome entitled to, an interest in land.
Promissory Estoppel Reasons for Estoppel • In contractual setting, ..
This principleis that an estoppel will arise if (a) a landowner has created or encouraged anexpectation in the claimant that she is, or will become, entitled to aninterest in certain land; and (b) the claimant has acted to her detriment onthe basis of that expectation.
The importance of promissory estoppel in ..
The Courtof Appeal held that, because the son had been led to believe that the bungalowwould be his home for life, the father and his successors in title would beestopped from evicting the son.
Key elements of a cliam of promissory estoppel ..
Although there is a tendency in thecontext of the expectation limb of proprietary estoppel to speak in terms ofdetrimental reliance on a "representation", it is impossible to denythat in many cases a "representation" will be indistinguishable froma promise. This meansthat the doctrine of proprietary estoppel is trespassing on the domain of thelaw of contract by allowing certain legal consequences to flow from a promisewhich is unsupported by consideration.
THE PRINCIPLES OF ESTOPPEL - LOST IN THE BIG HOUSE
TheAustralian courts have been even more adventurous, merging promissory andproprietary estoppel into a broad unified doctrine of equitable estoppel.
'Promissory estoppel is now a mature doctrine
Nonetheless, under theexpectation limb of estoppel this is what happens; Equity steps in and seeks toremedy the unconscionability involved in a person resiling from (what wouldotherwise be) a non-legally binding promise.
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