Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

contract issue...

  • 07-12-2010 11:39am
    #1
    lallychops
    Closed Accounts Posts: 302 ✭✭


    The doctrine of Prommisory estoppel.just wondering would it be a relevant topic.in a case where a service is offered IN A PUB....which appears to be nothing more than an offer to help out...but the offeree turns around and asks for payment?

    i assume consideration and capacity are issues but unsure whether to extend it to promissory estoppel?

    thanks.


Comments

  • #2
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    lallychops wrote: »
    The doctrine of Prommisory estoppel.just wondering would it be a relevant topic.in a case where a service is offered IN A PUB....which appears to be nothing more than an offer to help out...but the offeree turns around and asks for payment?

    i assume consideration and capacity are issues but unsure whether to extend it to promissory estoppel?

    thanks.

    Intention to create legal relations has to be issue no.1 here as there could well be no valid offer. Depends on the circumstances really.


  • #3
    littlemac1980
    Registered Users, Registered Users 2 Posts: 1,073 ✭✭✭littlemac1980


    No don't think so...

    Promissory Estoppel arises in circumstances where it would be inequitable for one party to insist on their strict legal rights. This would party would normally considered the promisor on the basis that they may have made some representation to the other party that they would not insist on their strict legal rights.

    In order for the doctrine to apply, the other party must have relied on the promise, and altered their 'position' to their detriment, should the promise/representation be withdrawn. Equity prevents the person making the representation in such circumstances to withdraw the promise, to the detriment of the person relying on the promise.

    As the previous poster points out, on the facts presented, it is not clear that any contract had arisen in the pub. Though it may have, should other facts arise.

    If a valid contract had arisen, you have not supplied any information which might give rise to a defence (and that's all it can ever be) of Promissory Estoppel.

    Just my opinion, based on the sketchy scenario outlined, so certainly not an informed opinion. Further, promissory estoppel is an equitable remedy, so is entirely discretionary. So one could never rely on this information to engineer a situation where a defence of promissory estoppel might arise; should one be so inclined.


Advertisement