Why is High Trees regarded as a bold decision?

The promise in High Trees was unsupported by consideration and would have failed under Foakes v Beer. The judgment of Denning J relied on equity rather than on consideration.

State the requirement of an existing legal relationship.

Promissory estoppel operates only between parties already bound by a contract. The doctrine modifies existing rights rather than creating new ones.

Why is promissory estoppel described as a shield and not a sword?

Combe v Combe [1951] held that promissory estoppel cannot be used to found a claim. A divorced wife could not sue on a maintenance promise for which she gave nothing.

Eduqas A-Level Law A150QS

Parliamentary and European Law Making

Topic overview Green Papers, White Papers and the making of a Bill The legislative process through Parliament The composition and role of Parliament Influences on Parliament and law making Parliamentary sovereignty The UK constitution, separation of powers and the rule of law The royal prerogative Law reform and the Law Commission European Union institutions and sources of law The impact of European Union law and withdrawal

Delegated Legislation

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Statutory Interpretation

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Judicial Precedent

Topic overview The doctrine of precedent and stare decisis Ratio decidendi and obiter dicta Binding, persuasive and original precedent The hierarchy of the courts The Supreme Court and the Practice Statement 1966 The Court of Appeal and the exceptions in Young v Bristol Aeroplane Overruling, reversing and distinguishing Law reporting and judicial law making Advantages and disadvantages of precedent

The Civil Courts and Civil Process

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The Criminal Process

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Legal Personnel

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Contract: Rules and Theory of Contract LawContract

Topic overview Origins and definition of the law of contract The function of the law of contract Contract as a set of rules for freely made agreements Contract law and economic development Arguments for a European or global contract law system Human rights and the law of contract Freedom of contract and consumer protection The impact of judicial decisions and legislation on contract Contract law, justice and morality

Contract: Essential Requirements and FormationContract

Topic overview Offers and invitations to treat Communication, revocation and lapse of an offer The rules of acceptance Communication of acceptance and the postal rule The rules of consideration Existing duties and part payment of a debt Promissory estoppel Intention to create legal relations Privity of contract and third party rights

Contract: Express and Implied TermsContract

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Contract: Misrepresentation and Economic DuressContract

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Contract: Discharge of ContractContract

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Contract: RemediesContract

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Tort: Torts Connected to LandTort

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Tort: Defences and RemediesTort

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Criminal Law: Capacity DefencesCriminal

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Human Rights: Rules and TheoryHuman rights

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Human Rights: EnforcementHuman rights

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Human Rights: ReformHuman rights

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The Nature of Law

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Contract: Essential Requirements and Formation

Promissory estoppel

3 things to know
Components 2 and 3

Overview

Promissory estoppel, requirement of an existing legal relationship and reliance must the promisee show.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

What is promissory estoppel?

Numbers

Which case is the origin of promissory estoppel?

Numbers

What were the facts of Central London Property Trust v High Trees House [1947]?

Questions from this subtopic

Each one with the model answer underneath.

1
What is promissory estoppel?
Model answer
Promissory estoppel prevents a party from going back on a promise not to enforce strict legal rights. The doctrine operates where the other party has relied on that promise.
2
Which case is the origin of promissory estoppel?
Model answer
Hughes v Metropolitan Railway (1877) is the origin of the doctrine. The landlord was prevented from relying on a repair notice suspended during negotiations to buy the lease.
3
What were the facts of Central London Property Trust v High Trees House [1947]?
Model answer
Central London Property Trust v High Trees House [1947] concerned a wartime promise to halve the ground rent. Denning J held the landlord could not recover the full arrears for the war years.
4
Why is High Trees regarded as a bold decision?
Model answer
The promise in High Trees was unsupported by consideration and would have failed under Foakes v Beer. The judgment of Denning J relied on equity rather than on consideration.
5
State the requirement of an existing legal relationship.
Model answer
Promissory estoppel operates only between parties already bound by a contract. The doctrine modifies existing rights rather than creating new ones.
6
Why is promissory estoppel described as a shield and not a sword?
Model answer
Combe v Combe [1951] held that promissory estoppel cannot be used to found a claim. A divorced wife could not sue on a maintenance promise for which she gave nothing.

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