ABSTRACT

Promissory estoppel is one of the most controversial areas of contract law. The doctrine of 'promissory estoppel' can be loosely defined as a rule that applies, in certain circumstances, to keep a party to a promise made in relation to an existing contract. The plaintiff then served notice to quit on the basis of the defendant's failure to comply with the notice to repair. The Court of Appeal, which included Lord Denning, held that estoppel could not be used as a cause of action but, generally, only as a defence. Lyons J considered the restrictions that had been put on the doctrine of estoppel by English courts and preferred the wider doctrine, 'free from the fetters of the English Court's insistence on the analogy which waiver and estoppel imposed on it'. Promissory estoppel is still a developing area of common law. Its precise scope is unclear.