Promissory Estoppel in English Contract Law Essay

Exclusively available on IvyPanda Available only on IvyPanda

In regards to the case between Brian and Harry, Harry won the case in which he claims a breach of contract by Brian. Brian made a promise, which he did not honor. Brian did this while he was in his right state of mind implying that he is liable to answer for failing to sell the trains to Harry. Although it was not put down on paper, the promise was made thus Brian’s refusal to honor the promise is deemed a breach of contract for their promissory estoppel (Sharma, 1994). Promissory estoppel is possible when a promise of future conduct or intention is agreed upon by two parties. In this case, a promise was made agreed upon, which the promissory, should have fulfilled.

We will write a custom essay on your topic a custom Essay on Promissory Estoppel in English Contract Law
808 writers online

The promisor makes a promise that he is expected to induce action. In case he fails, a detrimental loss is caused to the promisee, which could have been avoided if the promisor had enforced his promise (Sam, 2006). In this case, Harry suffers loss because he dedicated his time and money building a 2,000-square foot room onto his house expecting that Brian would eventually sell him the trains as he had promised two years ago.

Besides that, he had also borrowed money from his aunt to buy the trains because he justifiably relies on the promise. The element of invoking promissory estoppel is that the person promised justifiably relies on the promise to act relying on the fulfillment of the promise.

Promissory estoppel transpires when there is a mutual agreement between the two parties. Indeed, there was such an agreement between Brian and Harry. The contract was made when both were on a visit. It was during that time when Brian told Harry that he would be retiring in two years from Foodmart Company, thus he would sell his trains and spend his time traveling around the world in real trains. He promised to sell the trains to Harry because he was confident that Harry would take care of them. On the other hand, Harry agrees that he would buy the trains from Brian. This is a clear indication that the two had a form of contract, thus Brian is in breach of the contract by selling the trains to James; contrary to their agreement that he would sell the trains to Harry (Sharma, 2006).

Also, Harry had already informed Brian of his ongoing plan to build a room to shelter the trains, but Brian just smiles while he knew very well that he would not sell the trains to Harry. His action of not selling the trains to Harry, and instead to James is a breach of their agreement, which Harry had relied on in good faith.

Therefore, justice must be done treating Brian’s statement as a promise that made Harry result in taking action of building a room and borrowing money from her aunt to buy the trains with the expectation that indeed Brian would honor his promise. In essence, the promise was reasonable, and that is why Harry relied on the promise.

A promissory Estoppel requires that the victim who relied on the promise to be compensated for his detriment (Sam, 2006). In this case, Harry relied on the promise to build a room for the trains and so Brian should be stopped based on the doctrine of promissory estoppel.

1 hour!
The minimum time our certified writers need to deliver a 100% original paper

Works Cited

Sam K. A. (2006). Promissory Estoppel: What it is and how it can work in construction cases, Reeves Journal (2) 216-288.

Sharma, L.K. (1994). The doctrine of Promissory Estoppel. Mumbai: Deep & Deep Publications.

Print
Need an custom research paper on Promissory Estoppel in English Contract Law written from scratch by a professional specifically for you?
808 writers online
Cite This paper
Select a referencing style:

Reference

IvyPanda. (2021, January 27). Promissory Estoppel in English Contract Law. https://ivypanda.com/essays/promissory-estoppel-in-english-contract-law/

Work Cited

"Promissory Estoppel in English Contract Law." IvyPanda, 27 Jan. 2021, ivypanda.com/essays/promissory-estoppel-in-english-contract-law/.

References

IvyPanda. (2021) 'Promissory Estoppel in English Contract Law'. 27 January.

References

IvyPanda. 2021. "Promissory Estoppel in English Contract Law." January 27, 2021. https://ivypanda.com/essays/promissory-estoppel-in-english-contract-law/.

1. IvyPanda. "Promissory Estoppel in English Contract Law." January 27, 2021. https://ivypanda.com/essays/promissory-estoppel-in-english-contract-law/.


Bibliography


IvyPanda. "Promissory Estoppel in English Contract Law." January 27, 2021. https://ivypanda.com/essays/promissory-estoppel-in-english-contract-law/.

Powered by CiteTotal, best reference maker
If you are the copyright owner of this paper and no longer wish to have your work published on IvyPanda. Request the removal
More related papers
Cite
Print
1 / 1