promisory estoppel

Q1037. Does the principle of promissory estoppel do away with consideration

The principle of consideration is firmly established for the formation of a valid contract, it cannot be eroded by the doctrine of promissory estoppel. See HIGH TREES CASE (1947) KB 770.

Q1038. Are there guidelines under which the principle of promissory estoppel will operate

Yes, the principle of promissory estoppel is a shield and not a sword that can be used the way we deem fit. They would operate where: i. The party has altered his position ii. The promisor can resile from his promise on giving reasonable notice (which need not be formal) to the promise and thereby afford him an opportunity of resuming his position, and iii. The promise only becomes final an irrevocable if the promise cannot resume his position. See AJAYI v BRISCOE (NIG) LTD (1964) 3 ALL E.R 556 P.C

Q1039. X by his word and conduct led Y to believe that Y can safely Act on his word and conduct and Y does Act on them, Can X deny liability for the act “Y” on the basis that no contract exist between them?

No, the doctrine of “Promissory estoppel” prevent “X” from going back from what he has said or done especially where it will be unjust and unfair for them to do so. SEE HIGN TREES CASE (1947) KB 130.