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Write a summary about promissory estoppel that is a legal principle that can be used to enforce a promise that has been made.
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Promissory estoppel is a legal principle that can be used to enforce a promise that has been made. Promissory estoppel is a legal principle that can be used to enforce a promise that has been made. If a person makes a promise to another person and then breaks that promise, the person who was promised can sue the person who made the promise for breach of contract.
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Give me essay about promissory estoppel that is a legal principle that can be used to enforce a promise that has been made. Exapnd on the summary above.
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#Promissory Estoppel in English Contract Law Essay
In regards to the case between Brian and Harry, Harry won the case in which he claims a breach of contract by Brian. Brian made a promise, which he did not honor. Brian did this while he was in his right state of mind implying that he is liable to answer for failing to sell the trains to Harry. Although it was not put down on paper, the promise was made thus Brian’s refusal to honor the promise is deemed a breach of contract for their promissory estoppel (Sharma, 1994). Promissory estoppel is possible when a promise of future conduct or intention is agreed upon by two parties. In this case, a promise was made agreed upon, which the promissory, should have fulfilled.
The promisor makes a promise that he is expected to induce action. In case he fails, a detrimental loss is caused to the promisee, which could have been avoided if the promisor had enforced his promise (Sam, 2006). In this case, Harry suffers loss because he dedicated his time and money building a 2,000-square foot room onto his house expecting that Brian would eventually sell him the trains as he had promised two years ago.
Besides that, he had also borrowed money from his aunt to buy the trains because he justifiably relies on the promise. The element of invoking promissory estoppel is that the person promised justifiably relies on the promise to act relying on the fulfillment of the promise.
Promissory estoppel transpires when there is a mutual agreement between the two parties. Indeed, there was such an agreement between Brian and Harry. The contract was made when both were on a visit. It was during that time when Brian told Harry that he would be retiring in two years from Foodmart Company, thus he would sell his trains and spend his time traveling around the world in real trains. He promised to sell the trains to Harry because he was confident that Harry would take care of them. On the other hand, Harry agrees that he would buy the trains from Brian. This is a clear indication that the two had a form of contract, thus Brian is in breach of the contract by selling the trains to James; contrary to their agreement that he would sell the trains to Harry (Sharma, 2006).
Also, Harry had already informed Brian of his ongoing plan to build a room to shelter the trains, but Brian just smiles while he knew very well that he would not sell the trains to Harry. His action of not selling the trains to Harry, and instead to James is a breach of their agreement, which Harry had relied on in good faith.
Therefore, justice must be done treating Brian’s statement as a promise that made Harry result in taking action of building a room and borrowing money from her aunt to buy the trains with the expectation that indeed Brian would honor his promise. In essence, the promise was reasonable, and that is why Harry relied on the promise.
A promissory Estoppel requires that the victim who relied on the promise to be compensated for his detriment (Sam, 2006). In this case, Harry relied on the promise to build a room for the trains and so Brian should be stopped based on the doctrine of promissory estoppel.