Richcraft Homes Ltd v. Urbandale Corporation
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Issues
Is the 2005 document enforceable because Richcraft did not give consideration for it?
Ratio
Providing clarity to avoid future costly disputes is a mutual benefit is a functional form of consideration and something of value flowing from and to each of the parties
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Rosas v Toca
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Issues
Whether the extensions to the repayment date were enforceable?
Ratio
When parties to a contract agree to vary its terms, the variation should be enforceable without fresh consideration, absent duress, unconscionability, or other public policy concerns, which would render an otherwise valid term unenforceable.
A variation supported by valid consideration may continue to be enforceable for that reason, but a lack of fresh consideration will no longer be determinative.
NOTE: if you are faced with this problem, you should explain the progression of this situation.
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Lecture 8
Promissory Estoppel
Hughes v. Metropolitan Railway Company
Birth of Promissory Estoppel
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Issues
Did the Hughes waive his right to insist on strict performance of the 6-month notice period during the negotiations?
Ratio
If parties who have entered into definite and distinct terms involving certain legal results afterwards by their own act or with their own consent enter into a course of negotiation which has the effect of leading one of the parties to suppose that the strict rights arising under the contract will not be enforced or will be suspended, the person who might otherwise have enforced those rights will not be allowed to enforce them where it would be inequitable having regard to the dealings which have taken place between the parties.
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Central London Property Trust Ltd. v. High Trees House Ltd
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Issues
Was the Defendant bound to pay the arrears for the full amount of the rent?
Ratio
Where one has given a promise that was intended to be binding, and intended to be acted upon, and which was in fact acted upon, the promise should be considered to be binding even where there is no consideration.
A promise intended to be binding intended to be acted on and in fact acted on is binding so that as its terms properly apply
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Crosslink Bridge Corp v. Canadian National Railway
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Issues
Did the actions by the lawyer create a promissory estoppel that prevented Crosslink from claiming that they were not given a copy of the Directors Order?
Ratio
Estoppel is not nullified by a statutory provision that imposes a positive duty on a party when the statutory provision it is not incompatible with the operation of common law principals.
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The Nature of the Representation
John Burrows Ltd. v. Subsurface Surveys Ltd
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Issues
Did the defense of promissory estoppel apply?
Ratio
To establish promissory estoppel there must be a promise, either by words or conduct, and its effects must be clear and unambiguous.
Promissory estoppel can only be invoked where parties who have entered into a contract, afterwards by their own act or with their own consent, enter upon a course of negotiation which has the effect of leading one of the parties to suppose that the strict rights arising under the contract will not be enforced or will be suspended.
Merely taking advantage of indulgences granted by one party is not enough to establish promissory estoppel.
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The Equities
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