Tuesday, June 11, 2019
The Traditional Method of Making a Deed Research Paper
The Traditional Method of Making a Deed - Research Paper archetypeBasically, when one terminates an agreement to the detriment of another, promissory estoppel lies in hand as a defence to support the promise according to Smith. Under this rule, a claimant who incurs a detriment by doing an act, making a promise however small, provided that it has been agreed that she should do the act and receives something in return under a limited lawful principle can be sued for promissory estoppel. In Combe v. Combe , the Court of Appeal held that the doctrine of promissory estoppel cannot be used to create a cause of transaction where a husbands promise to pay alimony to the wife at 100 p.a. does not give her the right to sue for that money flat though she had relied on the promise. In a society where moral conventions allow a promisor to enter into a negotiation, a promisor is bound to his promise. The law, however, stresses that enforcing promises is a right when they are given in exchange for other promises or consideration. The main purpose of implanting consideration is to discourage improper pressure and coercion and to scar the nature of the promise. It is also interesting to see how the doctrine of promissory estoppel brings the law of consideration into sharp relief. Although it is not overtly recognized by the English system, more of the reasons for requiring consideration do not apply to the situation of variation as in Williams v Roffey Bros & Nicholls. The basic position still considers, however, the doctrine of promissory estoppel change from only one side of the contract.
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