The doctrine of promissory estoppel
Promissory estoppel operates to prevent a party from insisting upon their strict contractual entitlement against another party where they have promised or represented that they would not do so. The equitable doctrine of promissory estoppel was introduced as one response to the problem of lack of consideration. It has been largely applied in circumstances where no consideration has been provided for a promise, but the courts feel that it would be unjust to refuse to enforce the promise. In order to establish a promissory estoppel, it is necessary to show: A pre-existing legal relationship between the parties. This will typically be contractual, but the doctrine can apply to non-contractual relationships giving rise to rights and duties between parties. A clear and unequivocal representation or promise that rights would not be fully enforced (see Woodhouse AC Israel Cocoa Ltd v Nigeria Produce Marketing Co Ltd [1972] AC 741). This may be express or implied, but it is key that the ...
