Thursday, April 18, 2019

Doctrine of Promissory Estoppel Essay Example | Topics and Well Written Essays - 2000 words

belief of Promissory Estoppel - Essay ExampleThis research tells that Amelia offered her nephew, Dan, two thousand pounds if he worked sticky and got a min class degree, and her sister, Betti, five hundred pounds for errands. She also offered a two hundred fifty pound reducing of a loan she had given to Bettis husband, Giles. Giles pays the seven hundred and fifty pounds. Dan does very little work scarcely does get a first-class degree. Amelia now wishes to know her obligations to Betti underneath this set about. The legal questions are 1. Does Dans meeting of the second-class degree standard involve that that part of the contract is fulfilled? 2. Did the term second-class degree mean at least a second-class degree or a second-class degree just? 3. Are the contract elements severable that is, is Dans possible fulfillment of the contract separate from Giles clear fulfillment of his duties? 4. Does it collapse any difference that Giles, rather than Betti, paid the seven hundre d and fifty pounds? 5. Can work hard be conveyfully quantified? Contract Interpretation The issues of the contract should be considered separately. They are 1. The offering of money to Dan for work hard and achieving a second-class degree. 2. The offering of money to Amelia for errands in the past. (However, it seems that the errands are moot Whether Betti actually had make errands for Amelia or not, they are accepted by the contract as a matter of fact). 3. The offering of a two-hundred-fifty pound discount on a prior one thousand loan by Amelia to Giles. on that point are many elements to contracts even before considering the issues of estoppel and promissory consideration Acceptance, offer, consideration, the contract being oral or written, the severability of various elements, etc. circumstance is a part of this contract, however Both parties are offering something of value1. The family unit as a whole (Giles, Dan, and Betti) are clearly part of this contract, with Amelia being the other party. For this reason, it is moot if Giles or Betti pays the seven hundred fifty pounds unless the contract specifically states otherwise. (This will, in turn, be dependent on whether the contract is verbal or written). Acceptance of the contract is an issue. Giles owed a thousand pounds. The only concrete sign on the part of Bettis family unit is the seven hundred fifty pounds Giles paid. Amelia can make a reasonable blood line that she was accepting partial payment and that this was not a sign of adoption. Similarly, Amelia paying Betti five hundred pounds could be considered as payment for a prior act, not a fulfillment of the contract. The only sign of acceptance of the contract that would not be prompted by other prior considerations between the two families would be Dan running(a) hard and getting a second-class degree, only half of which was ever wholly completed. While Amelia did conk out an offer, it is arguable that there was ever an acceptance. The ac ceptance issue and the consideration issue are inextricable. Consideration Consideration entails the parties doing something that they were not previously bound to do outside of the agreement. In other words, promises must pay the damage (consideration) that they agreed to pay the promisor in order to gain the right to enforce the promisors obligation. Giles was induce to pay one thousand pounds paying the seven hundred fifty pounds is not a consideration. flat if Betti had paid for it, she is obligated to pay the debts of her husband, as a unified family unit. But Giles did in fact pay, meaning that there had been no consideration prior.

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