LAWG 100D2 Lecture Notes - Lecture 17: Obiter Dictum, Fredericton International Airport, Nav Canada
23 Jan 2018
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Prohibition of inconsistent behaviour (you can"t go back on your promise). The notion of promissory estoppel is used in relation to promises/undertakings that are not supported by consideration (and therefore not normally enforceable as contractual promises) Though promissory estoppel, the person making the undertaking is prevented ( estopped") from reversing her position. In high trees, denning decided that the undertaking not to claim the full rent during the war was binding (that the landlord was estopped from going back on his promise. Idea of subsequent reliance (restatement s. 90) but relegated to modifications of existing contractual relationships. Promisee has to be the defendant in order to enforce pe. Shield: one-sided variation of contract in the form of a concession (giving up claims, accepting partial payment). Situation: the party that has made a concession later tried to enforce the agreement as it initially was before the concession was made. Sword: one-sided variation of contract in the form of additional advantages.
