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consideration

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › consideration

  • This topic has 1 reply, 2 voices, and was last updated 8 years ago by MikeLittle.
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  • May 29, 2017 at 4:46 pm #388805
    adarsh1997
    Participant
    • Topics: 646
    • Replies: 282
    • ☆☆☆☆

    Hi Mike!

    I do have watched your lectures on contract laws but still has some issue with the concept of ‘promissory estoppel’.

    “Promissory estoppel” only applies to a promise of waiver which is entirely voluntary”
    Could you explain what does this mean?

    Thanks.

    May 29, 2017 at 5:16 pm #388810
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23368
    • ☆☆☆☆☆

    To “waive” means to give up / forego your normal rights so a person who makes a promise that has the effect of waiving that person’s rights, and that promise is acted upon is the basis for promissory estoppel …

    But that promisor must make that promise voluntarily – so without coercion, without duress, without threat

    If the promisor can demonstrate that there was pressure brought to bear to make him / her make that promise, then the Courts will most likely not apply the principle of promissory estoppel

    OK?

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