Land Law Essay Help: Promissory Estoppel

Land Law Cases referred to in this section:
Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130, [1956] 1 All ER 256

The doctrine of promissory or equitable estoppel provides that where a party has represented that he will not insist upon his strict rights under the contract, he will not be allowed to change his mind, or will be allowed to do so only upon giving reasonable notice. This principle is derived from a case, Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130, [1956] 1 All ER 256, in which a lease was entered into in 1937 in respect of a new block of flats in central London. The tenant experienced difficulty in sub-letting the flats due to war-time conditions and so the parties agreed that, whilst war-time conditions remained, the landlord would accept only half the ground rent. After the war, the landlord successfully claimed the other half of the ground rent in respect of the period after war-time conditions had ceased, but the judge said that, if the landlord had claimed the other half of the rent in respect of the period whilst war-time conditions persisted, he would have failed.

Promissory estoppel should be distinguished from proprietary estoppel because proprietary estoppel is restricted to claims by A of an interest in property where he has acted to his detriment.

See also...
Proprietary Estoppel
Implied Trusts
Resulting Trusts
Constructive Trusts
Express Bargain Constructive Trusts
Implied Bargain Constructive Trusts

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