Hint | Answer |
The act must have been done at the promisors request; must have understood the act was to be remunerated; payment must be legally enforceable had it been made in advance | |
When one intentionally influences another to alter their position, it would be inequitable to permit the promisor to resist payment on the grounds of no consideration | |
If no consideration doctrine of estoppel may help promisee enforce promise, if he has acted on promise to his detriment | |
Estoppel by representation does not apply where the representation is of the intention of the parties, rather than a state of facts | |
A promise intended to be binding, intended to be acted upon and in fact acted on is binding so far as its terms properly apply | |
Estoppel is only a defence, not a cause of action where one did not exist before, must be an underlying cause of action | |
Substitute agreements are only enforceable without consideration if inequitable agreement to pay more, which was voluntarily accepted and relied upon by debtor | |
Promissory estoppel can extinguish legal rights where a promise to reduce periodic payments because of pressing circumstances which won't persist has been made | |
A waiver can be withdrawn on reasonable notice | |
If the effect of resiling is sufficiently inequitable, a debtor may show that the right to recover a debt is not merely postponed, but extinguished | |
Detrimental reliance is not a requirement of promissory estoppel. It must only be established that the promisor has changed their position | |
If a promise is implied in negotiations and a party relies on it, it is inequitable to allow the other party to act as though the promise does not exist | |
If a donee relies upon a donors promise with the donors knowledge, expending money in furtherance, the donor must complete the conveyance | |
If an owner requests or allows another to spend money on land under an expectation created by a landlord that they will be able to remain there, the owner must convey the land | |
If an owner indicates to another they will convey a right over land to them, and they rely on this to their detriment, the land must be conveyed | |
If an owner makes a promise not to insist on strict legal rights knowing another will and does act on it, then he cannot go back on that promise, even if there is no consideration | |
Proportionality lies at the heart of the doctrine of proprietary estoppel and permeates its every application | |
Proprietary estoppel must involve a promise relating to rights over land or other property, but need not relate to any specific property | |
Proprietary estoppel - must be clear what interest the claimant is to get and no relief if claimant knows it is 'subject to contract' | |
Estoppel by convention is where both parties are mistaken as to the meaning of the contract, thereby replacing the original terms on a conventional basis | |
There is a rebuttable presumption against an intention to create a legally enforceable agreement, when the agreement is domestic in nature | |
Where an agreement is formed after two spouses are separated, it is generally considered they intend to be bound by their agreement | |
Whether parties intended to enter into legally binding relations is an issue to be determined objectively and not by inquiring into their respective states of mind | |
An oral agreement to a collateral contract intended to be acted on creates a binding agreement that overrides any usual exceptions | |
A 'letter of comfort' has no legal effect when a party has already expressed intent not to be legally bound | |
An assertion by a seller of the nature, quality or quantity of the goods the buyer might regard as expressing contractual intention and relied upon creates a collateral contract | |
A collateral contract can exist even when there was no contract specified at the time the promise was made | |
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