What is promissory estoppel in administrative law?

What is promissory estoppel in administrative law?

The doctrine of promissory estoppel is that when one individual with the intention of creating or affecting lawful relationship makes a promise with another individual and that individual acts on it, that promise must be binding for the individual who is making it.

What are the four elements of promissory estoppel?

The elements of a promissory estoppel claim are “(1) a promise clear and unambiguous in its terms; (2) reliance by the party to whom the promise is made; (3) [the] reliance must be both reasonable and foreseeable; and (4) the party asserting the estoppel must be injured by his reliance.” (US Ecology, Inc. v.

What are the three requirements for promissory estoppel?

The three main components needed for promissory estoppel are the promisor, the promisee, and the promise that wasn’t honored. The injustice happens when the promisee suffers a loss when he relied on the promise, and the promise wasn’t kept.

Do you think the doctrine of promissory estoppel should have an application in public law?

Therefore, as a general rule” the doctrine of estoppel will not be applied against the State in its governmental, public or sovereign capacity. An exception, however, arises in the application of estoppel to the State when it is necessary to prevent fraud or manifest injustice.

What is promissory estoppel in simple terms?

Related Content. The doctrine that a promise made without the exchange of consideration is binding and enforceable if: The defendant made a clear and unambiguous promise. The plaintiff acted in reliance on the defendant’s promise.

What is an example of promissory estoppel?

An example of promissory estoppel might be applied in a case where an employer makes an oral promise to an employee to pay the employee a specified monthly or annual amount of money throughout the full duration of the employee’s retirement.

What is the difference between estoppel and promissory estoppel?

Promissory estoppel involves a clear and definite promise, while equitable estoppel involves only representations and inducements. The representations at issue in promissory estoppel go to future intent, while equitable estoppel involves statement of past or present fact.

Is promissory estoppel necessary?

Promissory estoppel plays an important role in American contract law to hold parties accountable and ensure equity, even in the absence of consideration. It is a critical tool that courts can use to avoid injustice when the general contract law rules would cause unfair results.

What is legitimate expectation in administrative law?

Legitimate Expectation means that a person may have a reasonable expectation of being treated in a certain way by administrative authorities owing to some consistent practice in the past or an express promise made by the concerned authority.

How do you use promissory estoppel?

To rely on the doctrine of promissory estoppel, three elements must be fulfilled:

1. Clear and unequivocal promise. First, the promisor must make a clear and unequivocal promise which is intended to be legally binding between the parties.
2. Reliance by the promisee.
3. Element of inequity.

What is the purpose of promissory estoppel?

Promissory estoppel is intended to stop the promisor from arguing that an underlying promise should not be legally upheld or enforced.

Can a promise be used as a promissory estoppel?

There is no promise as such denial of which causes detriment. Promissory estoppel is used as a defense only not as a course of action so in general, it is available as a shield. Defense of promissory estoppel can be used by promise only against the promiser to enforce the promise, not by promise.

Is there a promissory estoppel law in India?

LEGAL PROVISIONS. There is no provision of promissory estoppel in Indian law. Section 25 of ICA talks about contracts made without consideration (in other words the enforceability of promises) and sec. 115 of IEA deals with estoppels only.

How is Maher bound by the contract in promissory estoppel?

The Court held that Maher is bound by the contract. Promissory estoppel, it has been said, is defensive equity and the traditional notion has been that estoppel could only be relied upon defensively as a shield and not as a sword High Trees’ case itself was an instance of the defensive use of promissory estoppel.

How did the Supreme Court apply the rule of estoppel?

The Supreme Court applied the rule of estoppel based on equity and maintained that such promises may bind the Government even in the absence of constitutional formalities prescribed for government contracts. [ 9] The Anglo Afghan case depicted a judicial trend.