What is promissory estoppel give an example?
An example of promissory estoppel might be applied in a case where an employer makes an oral promise to an employee to pay the employee a specified monthly or annual amount of money throughout the full duration of the employee’s retirement.
Can promissory estoppel be used as cause of action in Malaysia?
It is through this provision that promissory estoppel, which falls under the category of rules of equity, is possible to be enforced in Malaysia (as promissory estoppel is not codified under any law in Malaysia).
Which case deals with promissory estoppel?
The term ‘promissory estoppel was used for the first time by the Supreme Court in the case of Collector of Bombay v. Bombay Municipal Corporation. In this case the govt.
What is promissory estoppel Malaysia?
Promissory estoppel is an equitable principle meant to prevent any occurrence of inequity or injustice caused by the action of the promisor in backing out from his promise, which initially led the promisee to act to his detriment.
Can you sue for promissory estoppel?
There cannot be a written contract, for there to be promissory estoppel. Although you can sue for both, ultimately, a Plaintiff in a court case will have to choose between estoppel or breach of contract if there is a written agreement.
How do you win a promissory estoppel case?
An oral promise that meets the elements of promissory estoppel is enforceable if injustice can be avoided only by enforcement of the promise.
Is promissory estoppel a shield or sword?
Stores, it was clear that ‘promissory estoppel may be pleaded as a cause of action, that is, may be a sword. ‘ estoppel as extending to not only a promise to be fulfilled or contract to be made but also to an interest granted by a defendant to a plaintiff.
What are the limitations of promissory estoppel?
Limitation on Promissory Estoppel Must have been (detrimental) reliance on the promise. Cannot be inequitable for promisor to go back on the promise. A “shield not a sword” It suspends rights and does not get rid of them.
What is promissory estoppel Evidence Act?
The doctrine of promissory estoppel is that when one individual with the intention of creating or affecting lawful relationship makes a promise with another individual and that individual acts on it, that promise must be binding for the individual who is making it. It would not be allowed to go back from its words.
Is promissory estoppel an equitable doctrine?
Promissory estoppel is an equitable doctrine which in some instances can stop a person going back on a promise which is not supported by consideration.
Is promissory estoppel equitable?
Estoppel is an equitable doctrine. Accordingly, any person wishing to assert an estoppel must normally come to the court with “clean hands”.