Section 1 1 Promissory estoppel has made some voluntary promises enforceable 2 Promissory estoppel prevents promissory from reneging (going back) on their promises where it would be unconscionable (unfair) to allow them to do so 3 Consideration has nothing to do with promissory estoppel 4 One of the elements of promissory estoppel is that there must be a detriment or disadvantage which the plaintiff has suffered as a result of the misrepresentation 5 The doctrine of promissory estoppel was developed in response to the unfairness that the strict rule for the requirement of consideration in a contract can sometimes cause 6 The doctrine of promissory estoppel no longer just operates as a defence or shield for a promise, but can now also be used to commence an action Section 2 A spinster daughter Laura, promised to take care of her elderly parents, their household bills and financial affairs for as long as they lived Consequently, in return for the Laura's promise, her mother promised to transfer to Laura, her eldest daughter, her 'interest' in some of 'her' property and estate upon her death Is such a promise by the mother enforceable under the law Discuss What is the essence of the equitable doctrine of estoppel Outline the essential elements of the doctrine of promissory estoppel What are the limitations on the doctrine of promissory estoppel David leases a coffee shop to Thomas, in a new shopping centre for ($) 2000 a week on the outskirts of the city away from the hub of central business district Unfortunately, the shopping centre is not very successful or viable and many of the shopkeepers are forced out of business or choose to leave voluntarily Consequently, Thomas approaches and asks David, if his rent can be reduced to ($) 1000 a week David considers this request and under the circumstances agrees to reduce the rent to ($) 1000 a week Accordingly for the next six months Thomas paid David, the reduced rental on the lease of ($) 1000 a week Meanwhile, David becomes aware, through rumours in the shopping complex that Thomas is considering giving notice and terminating the lease at the end of the six months David then proceeds to take action and commences suing Thomas to recover the ($) 24000 arrears in rent Advise Thomas of the likelihood of David's success in suing him for the arrears Sandra owes Tanya ($) 2000 Sandra knows that Tanya is experiencing some personal difficulties as well as being in financial difficulties and needs the money urgently Accordingly, when Sandra is approached by Tanya she delays payment, but Sandra finally offers Tanya a cheque for ($) 1500 in full satisfaction of the debt that she owes Tanya Tanya accepts the cheque from Sandra for ($) 1500 immediately Advise Tanya as to her legal right to recover the balance of ($) 500 from Sandra

The Answer is in the image, click to view ...

Answered step by step

Verified Expert Solution

Link Copied!

Question

1 Approved Answer

Posted on Jun 22, 2024

Section 1 1. Promissory estoppel has made some voluntary promises enforceable. 2. Promissory estoppel prevents promissory from reneging (going back) on their promises where it

Section 1

1. Promissory estoppel has made some voluntary promises enforceable.

2. Promissory estoppel prevents promissory from reneging (going back) on their promises where

it would be unconscionable (unfair) to allow them to do so.

3. Consideration has nothing to do with promissory estoppel.

4. One of the elements of promissory estoppel is that there must be a detriment or disadvantage

which the plaintiff has suffered as a result of the misrepresentation.

5. The doctrine of promissory estoppel was developed in response to the unfairness that the strict

rule for the requirement of consideration in a contract can sometimes cause.

6. The doctrine of promissory estoppel no longer just operates as a defence or shield for a promise,

but can now also be used to commence an action.

Section 2

A spinster daughter Laura, promised to take care of her elderly parents, their household bills and financial affairs for as long as they lived. Consequently, in return for the Laura's promise, her mother promised to transfer to Laura, her eldest daughter, her 'interest' in some of 'her' property and estate upon her death. Is such a promise by the mother enforceable under the law? Discuss.
What is the essence of the equitable doctrine of estoppel?
Outline the essential elements of the doctrine of promissory estoppel?
What are the limitations on the doctrine of promissory estoppel?
David leases a coffee shop to Thomas, in a new shopping centre for ($) 2000 a week on the outskirts of the city away from the hub of central business district. Unfortunately, the shopping centre is not very successful or viable and many of the shopkeepers are forced out of business or choose to leave voluntarily. Consequently, Thomas approaches and asks David, if his rent can be reduced to ($) 1000 a week. David considers this request and under the circumstances agrees to reduce the rent to ($) 1000 a week. Accordingly for the next six months Thomas paid David, the reduced rental on the lease of ($) 1000 a week. Meanwhile, David becomes aware, through rumours in the shopping complex that Thomas is considering giving notice and terminating the lease at the end of the six months. David then proceeds to take action and commences suing Thomas to recover the ($) 24000 arrears in rent. Advise Thomas of the likelihood of David's success in suing him for the arrears?
Sandra owes Tanya ($) 2000. Sandra knows that Tanya is experiencing some personal difficulties as well as being in financial difficulties and needs the money urgently. Accordingly, when Sandra is approached by Tanya she delays payment, but Sandra finally offers Tanya a cheque for ($) 1500 in full satisfaction of the debt that she owes Tanya. Tanya accepts the cheque from Sandra for ($) 1500 immediately. Advise Tanya as to her legal right to recover the balance of ($) 500 from Sandra.