PROMISSORY ESTOPPEL

Authors

  • G HL FRIDMAN

Abstract

In order to determine the precise application of the doctrine of promissory estoppel, and to argue for its extension into English and Commonwealth courts, this article surveys the American position to show that the doctrine is contractual in form and is flourishing and operating in an unrestricted manner to create new and binding obligations even where consideration is lacking. In contrast, the author reviews the jurisprudence from England and various Commonwealth entities to show that development of the doctrine has not gone nearly as far despite considerable support from equity and the legal latitude to impose it. He attempts to establish the parameters of a suitable doctrine and to determine its scope.

Keywords:

Contract Law, Estoppel

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Published

1957-03-01

Issue

Section

Legal Commentary