Monday, May 6, 2019

CONTRACT LAW Essay Example | Topics and Well Written Essays - 2000 words - 1

CONTRACT LAW - Essay ExamplePromissory estoppel is important in the experience that it can be go ford as a defense by a party to hold on another from turning back from the conceding he or she has given and enforce his or her rights against the receiver of the concession.In order for promissory estoppel to arise, there moldiness be a happen and unequivocal pattern made by the parties that a right will not be enforced against the other. According to the address in the case of Woodhouse Israel Cocoa v Nigerian Produce Marketing Company2, there is a affect for the party or the parties making the concession to inform the other party or parties regarding the concession made. The parties must make uply state the rights being waived or the favors which are extended to the other parties to create a clear representation. In other words, the concession made must be clearly communicated and understood by both(prenominal) parties otherwise said concession may not be considered as valid ly made. As firm by the court in the case of Baird Textiles holdings ltd V Marks & spencer plc3, where the concession made is ambivalent and inferior to establish a clear representation, the party or parties to whom the concession was made may not use the doctrine of promissory estoppel as a defense.Is there a need to make an fetch concession to in order for the parties to make use of the doctrine of promissory estoppel? Apparently, the court does not require an express concession from the parties but rather it only requires that the concession must be unequivocal and sufficiently clear to be understood by the parties. According to the decision of the court in the case of Hughes V metropolitan Railway Co.4, an implied representation can be a ground for promissory estoppel. Thus, if the acts of one party impliedly prescribe the other party that it is granting a favor to the other and the party who had been impliedly

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