Promissory Estoppel Case

Words: 1011

Pages: 5

Open Document

Margaret owned an antique store that specialized in rare porcelain dolls. She opens this store at 1989, and in 1999, she starts to advertise on the internet. In 2006, after a family discusses, it was agreeing on Margaret to keep the business going on for another couple years, and her youngest daughter Emily would wake in the shop as long as was need, and in return, she would receive any unsold dolls. When Margaret retire at the end of 2009, she decides to give all unsold dolls to charity and they could auction it and keep the proceeds.
In order to advise Emily, it is necessary to examine the key facts, then consider what law applies to the facts and apply the law to the facts to determine if have an agreement between Margaret and Emily. The …show more content…
In order to establish a case of promissory estoppel, needs to satisfied following elements, there must be an assumption created in the mind of the plaintiff by the dependence, the promise must be certain although it is not necessary the rights pre-exist. For example, in Waltons Stortes Ltd v Maher this case, there was an implied promise that the transaction would be, or had been, competed. Another element is the defendant must be responsible for the assumption, which must be clear and unambiguous. Also, the assumption must be one of fact or law.

In this case, at end of 2009, Margret decide to give the unsold stock to charity, this which is an insufficient consideration, and this also is promise estoppel, she decided to give unsold stock to her youngest daughter, Emily, in July 2006, and Margret are estoppel to give the unsold dolls to Emily, want to give it to charity. However, Emily was waking in the shop for 3 years, and is Margaret give the unsold dolls to charity, Emily will obtain nothing in those years, at this time, which is there not have an exchange value between Margaret and Emily.
d) Do the parties to the contract have full contractual

Equitable Estoppel

.......... 2 2. Historical Development.................................................................. 2 - 4 3. Types of Estoppel.............................................................................. 4 3.1 Common Law Estoppel………………………………………... 4 3.2 Equitable Estoppel……………………………………………… 4 3.3 Proprietary Estoppel……………………………………………. 5 3.4 Promissory Estoppel……………………………………………. 5 4. Conclusion…………………………………………………………........... 6 5. Reference............................................…

Words 1780 - Pages 8

Contract and Matt Essay

if the offeree remains silent, their silence cannot be constitute and acceptance. In this case, Michael has advised Matt that he would sell his car for the initial cost of $19,500. Matt then goes on to ask Michael whether he would be prepared to change the upholstery before sale with Michael changing the cost to $20,500. ‘Matt says nothing’. Silence is not acceptance in which the Felthouse v Bindley case is an example that acceptance must be clear and cannot be imposed due to one of the parties…

Words 1322 - Pages 6

Essay on Case analysis 1 law

$139,000 with Burch and pay the additional $47,000 to get the work done. N&W sued Hinson on the grounds on promissory estoppel. The circuit court granted the motion and awarded N&W $47,000 in damages. Hinson appealed that the circuit court was wrong in awarding the summary judgment in favor of N&W because no contract had been formed between the parties, the elements of promissory estoppel had not been established and the record lacks evidence supporting the elements of a negligent misrepresentation…

Words 430 - Pages 2

Baird Textile Holdings V Marks And Spencer Plc

importantly, the case upholds the orthodox view that estoppel cannot be a cause of action. This decision is significant after the leading decision of Waltons Stores (Interstate) Ltd v Maher [1988] HCA 7 in Australia, which held estoppel an actionable…

Words 1625 - Pages 7

Five Elements Of Contract Law

third element is met as well. Fourthly, Capacity is the other element. According to contract law; if a person lacks capacity, a contract is not enforceable. The problem with capacity in this case is Frank’s age. He is 17, and therefore a minor. If a major and minor enter into a contract, the minor, in this case, Frank has the right to get away from the contract. So, Frank has chance to get rid of the contract, which is a problem for Buford. Buford’s interest would have been protected better if he…

Words 1179 - Pages 5

Tabl1710 Major Assignment Essay

requested the ‘detriment’ or ‘responsibility’ undertaken by the promisee, in this case shown as Billy’s work was in response to Choy’s specific request. Billy’s “loss” included his physical labour and the temporary giving up of his study; in return he relied on the fact that Choy would pay him the agreed amount. Both parties had provided good consideration in the initial agreement. Therefore the facts of this case indicate clearly that there is a contract between Billy and Choy, as the main elements…

Words 2697 - Pages 11

White Arch Casino Case Study

agree to the changes. The discharge of a contract is when the parties to the contract are relieved from the contractual obligation under particular conditions. A contract can be discharged by frustration, performance, agreement, and breach. In the case of the White Arch Casino, the contract was valid. Both parties had free consent…

Words 2051 - Pages 9

Canadian Business And The Law

elements is missing, the relationship is non-contractual by definition. There are occasions, however, when the law will enforce a promise that is not supported by consideration. In short, if the promise is under seal, meets the requirements of promissory estoppel, or is subject to a specialized statutory scheme, such as the partial payment of debt, it will be enforceable. As well, the New Brunswick Court of Appeal is willing to enforce gratuitous contractual variations provided there is no economic duress…

Words 3867 - Pages 16

Reading Law Essay

contact Case Garrett v. Daley 8.3.2 ASSAULT 攻击 Intentional infliction of apprehension of immediate bodily harm or offensive contact 8.3.3 FALSE IMPRISONMENT 非法监禁 Intentional confining of a person against her will 8.3.4 INFLICTION OF EMOTIONAL DISTRESS 故意精神伤害 1) Intentional or reckless 不顧後果的 conduct 2) That is extreme and outrageous 3) A causal connection between the wrongful conduct and the emotional distress 4) Severe emotional distress Case Ferrerll…

Words 842 - Pages 4

Break Off Negotiation Case Study

specific case. The paper will take a simple case of break off negotiations as a fundamental to analyze the possible judgment when UNIDROT PICC, English Law and German Law applies. Case In the case, the Nordsee Oil Company from Norwegian(hereinafter referred to as Company N)show great…

Words 1590 - Pages 7