• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Promissory estoppel is a necessary supplement to the doctrine of consideration, because it enables courts to enforce promises that have been relied upon even though the promise was not part of an exchange. Discuss.

Page
  1. 1
    1
  2. 2
    2
  3. 3
    3
  4. 4
    4
  • Essay length: 1796 words
  • Submitted: 30/10/2010
Share this essay:
University Degree Contract Law

The first 200 words of this essay...

Contract Law

Mark: 68%

Q2. 'Promissory estoppel is a necessary supplement to the doctrine of consideration, because it enables courts to enforce promises that have been relied upon even though the promise was not part of an exchange.'

Discuss.

Denning LJ's profession: "the doctrine of consideration is too firmly fixed to be overthrown by a side-wind" indicates that it is the cardinal badge of enforceability in the formulation and variation of contracts in English common law. However, the orthodox Stilk v Myrik1 interpretation of the doctrine is particularly rigid. Its application can sometimes manifest inequity. Promissory estoppel can be viewed as supplementary to consideration as it remedies inequity by allowing promises that have been relied upon to be enforced without consideration. However, it can hardly be considered a supplement that is necessary. In actuality, the role of estoppel is a limited one that does not guarantee the absolute enforcement of all promises unsupported by consideration that have been relied upon. Firstly, certain conditions must be fulfilled for the estoppel to be applied. Secondly, for promissory estoppel to coexist with consideration, estoppel cannot be used offensively. Also, there are instances where the application of estoppel

Read more
The above preview is unformatted text

Found what you're looking for?

  • Start learning 29% faster today
  • Over 150,000 essays available
  • Just £6.99 a month

  • "
    Give credit where credit is due Markedbyteachers.com deserve it. Only Website that provides the best service with no doubt. Been using this website for the past 5 years now. Never let me down. Try it!!!
    "
    Waseem Hussain. Biology, Maths, Chemistry, ICT A Level Student.
  • "
    This site has helped me a lot with my coursework because it has enabled me to think, find evidence and explain my literature texts. Thanks to this site I have started receiving A* and As in English.
    "
    Zoia, London. GCSE Student. 'English, Science, RE, Geography, History.'

Marked by a teacher

This essay has been marked by one of our great teachers. You can read the full teachers notes when you download the essay.

Peer reviewed

This essay has been reviewed by one of our specialist student essay reviewing squad. Read the full review on the essay page.

Peer reviewed

This essay has been reviewed by one of our specialist student essay reviewing squad. Read the full review under the essay preview on this page.