Doctrine of Promissory Estoppel Essay Example | Topics and Well Written Essays - 2000 words

Doctrine of Promissory Estoppel - Essay ExampleThis research tells that Amelia offered her nephew, Dan, two thousand pounds if he worked hard and got a second class degree, and her sister, Betti, five one C pounds for errands. She also offered a two hundred fifty pound reduction of a loanword she had given to Bettis husband, Giles. Giles pays the seven hundred and fifty pounds. Dan does very little(a) work but does get a first-class degree. Amelia now wishes to know her obligations to Betti underneath this contract. The legal questions are 1. Does Dans meeting of the second class degree standard concoct that that part of the contract is fulfilled? 2. Did the term second-class degree mean at least a second-class degree or a second-class degree exclusively? 3. Are the contract elements s perpetuallyable that is, is Dans possible fulfillment of the contract separate from Giles clear fulfillment of his duties? 4. Does it make any difference that Giles, sooner than Betti, paid the s even hundred and fifty pounds? 5. Can work hard be meaningfully quantified? Contract Interpretation The issues of the contract should be considered separately. They are 1. The go of money to Dan for working hard and achieving a second-class degree. 2. The offering of money to Amelia for errands in the past. (However, it seems that the errands are moot Whether Betti actually had done errands for Amelia or not, they are authoritative by the contract as a matter of fact). 3. The offering of a two-hundred-fifty pound discount on a prior one thousand loan by Amelia to Giles. There are many elements to contracts even before considering the issues of estoppel and promissory consideration sufferance, offer, consideration, the contract being oral or written, the severability of various elements, etc. love is a part of this contract, however Both parties are offering something of value1. The family unit as a whole (Giles, Dan, and Betti) are clearly part of this contract, with Amelia bein g the separate party. For this reason, it is moot if Giles or Betti pays the seven hundred fifty pounds unless the contract specifically states otherwise. (This will, in turn, be dependent on whether the contract is verbal or written). Acceptance of the contract is an issue. Giles owed a thousand pounds. The only concrete sign on the part of Bettis family unit is the seven hundred fifty pounds Giles paid. Amelia can make a reasonable argument that she was accepting partial payment and that this was not a sign of acceptance. Similarly, Amelia paying Betti five hundred pounds could be considered as payment for a prior act, not a fulfillment of the contract. The only sign of acceptance of the contract that would not be prompted by other prior considerations between the two families would be Dan working hard and getting a second-class degree, only half of which was ever wholly completed. While Amelia did extend an offer, it is arguable that there was ever an acceptance. The acceptance issue and the consideration issue are inextricable. Consideration Consideration entails the parties doing something that they were not previously bound to do outside of the agreement. In other words, promises essential pay the price (consideration) that they agreed to pay the promisor in order to gain the right to enforce the promisors obligation. Giles was obliged to pay one thousand pounds paying the seven hundred fifty pounds is not a consideration. Even if Betti had paid for it, she is obligated to pay the debts of her husband, as a unified family unit. But Giles did in fact pay, meaning that there had been no consideration prior.