The Test For Promissory Estoppel Essay
Another, more developed, form of equitable estoppel is proprietary estoppel, which will arise from a belief that an interest in another party’s land has been granted. This type of estoppel is free from the restriction that it may only be used as a defence.
However, in the Australian case of Walton Stores, promissory estoppel has been recognised as giving rise to a cause of action; this development could and should be adopted in English courts. To show why, I will be drawing upon developments in domestic and international law, attempting the reconcile the doctrine with that of consideration, and point out the limitations that this change would nonetheless be subject to.
Estoppel and Consideration
The most apparent conflict arising from estoppel lies in its relationship with consideration. Consideration requires, for the enforceability of a contract, “either some right, interest, profit or benefit accruing to the one party, or some forbearance,…