DOCTRINE OF ESTOPPEL, PROMISSORY ESTOPPEL-INDIAN EVIDENCE ACT, 1872 . Introduction. Apparently, the word estoppel originated from an ancient English word “estop”. The doctrine of estoppel comes with a sense of negativity. The object of estoppel is basically to prevent an unjust departure by one person from an assumption adopted by another as the basis of some act or omission which would operate to other’s detriment. The doctrine of promissory estoppel is an equitable doctrine. Like all equitable remedies, it is discretionary, in contrast to the common law absolute right like right to damages for breach of contract. The doctrine has been variously called 'promissory estoppel', Promissory estoppel is the legal principle that a promise is enforceable by law, even if made without formal consideration when a promisor has made a promise to a promisee who then relies on that promise to his subsequent detriment. Promissory estoppel is intended to stop the promisor from arguing The Doctrine of Promissory Estoppel is an equitable doctrine evolved to avoid injustice and though commonly named Promissory Estoppel, it falls in the sphere of neither contract nor estoppel. This principle is commonly invoked in common law in case of breach of contract or against a Government. Promissory estoppel. In many jurisdictions of the United States, promissory estoppel is an alternative to consideration as a basis for enforcing a promise. It is also sometimes called detrimental reliance.
8 Jun 2019 Estoppel is the result of equity principles. It is the recent development in the principles of contracts act where one party has by his words, conduct Promissory estoppel also has similarities to the common law principle of waiver by which right to performance in accordance with the contract may be lost by a Contracts (1979) classifies promissory estoppel cases under "Contracts that the reliance and act in a contract on the part of a promisee proceeds at.
27 Sep 2019 A contract is defined as an agreement between two or more parties that is enforceable by law. To be considered enforceable by law, a contract
8 Oct 2017 This article studies the doctrine of promissory estoppel with respect to Indian Contract Act, & Indian Evidence Act.
In a general sense, Promissory Estoppel is a legal doctrine used in American law, which allows a party to recover on a promise, even if the promise was made without a formal consideration. In essence, a Promissory Estoppel prevents an individual from arguing that an underlying promise offered should not be upheld. Promissory estoppel occurs when there is a contractual relationship between parties. Like when there is a legal relationship between the promisee and the promisor. It remains unsettled whether promissory estoppel may arise in pre-contractual relationships. Section 115 of the Indian Evidence Act, 1872 defines the principle of promissory estoppel as “ When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.” Thus to apply promissory estoppel, there must be: DOCTRINE OF ESTOPPEL, PROMISSORY ESTOPPEL-INDIAN EVIDENCE ACT, 1872 . Introduction. Apparently, the word estoppel originated from an ancient English word “estop”. The doctrine of estoppel comes with a sense of negativity. The object of estoppel is basically to prevent an unjust departure by one person from an assumption adopted by another as the basis of some act or omission which would operate to other’s detriment. The doctrine of promissory estoppel is an equitable doctrine. Like all equitable remedies, it is discretionary, in contrast to the common law absolute right like right to damages for breach of contract. The doctrine has been variously called 'promissory estoppel', Promissory estoppel is the legal principle that a promise is enforceable by law, even if made without formal consideration when a promisor has made a promise to a promisee who then relies on that promise to his subsequent detriment. Promissory estoppel is intended to stop the promisor from arguing