Promissory estoppel cases
Equity’s response to strict common law rules on part payment. Could law of equity provide
an exception to principles approved by HOL in Foakes?
Central London Property trust v High Trees house: if they tried to claim arrears after ww2
they would be estopped from doing so. Lord Denning ‘a promise intending to be binding,
intended to be acted on and is acted on, is binding as far as its terms properly apply’. A
promise is only binding if promise if given in exchange and there is reliance.
Denning should have been bound by Foakes but he departed from it.
EQUITABLE WAIVER.
Lord Cairns: ‘the person who otherwise might have enforced those rights will not be allowed
to enforce them where it would be inequitable having regard to the dealings which thus
have taken place between the parties’ (Hughes)
Denning developed concept of an equitable waiver. ‘fusion of common law and equity’.
Jorden
Equity’s response to strict common law rules on part payment. Could law of equity provide
an exception to principles approved by HOL in Foakes?
Central London Property trust v High Trees house: if they tried to claim arrears after ww2
they would be estopped from doing so. Lord Denning ‘a promise intending to be binding,
intended to be acted on and is acted on, is binding as far as its terms properly apply’. A
promise is only binding if promise if given in exchange and there is reliance.
Denning should have been bound by Foakes but he departed from it.
EQUITABLE WAIVER.
Lord Cairns: ‘the person who otherwise might have enforced those rights will not be allowed
to enforce them where it would be inequitable having regard to the dealings which thus
have taken place between the parties’ (Hughes)
Denning developed concept of an equitable waiver. ‘fusion of common law and equity’.
Jorden
