The Use of Promissory Estoppel as a Shield and not a Sword: Canadian Cases and Arguments
Number of pages:
8
ABSTRACT:
This is an 8 page paper discussing the concept of promissory estoppel as a shield and not a sword in consideration of Canadian legal cases. Promissory estoppel is a legal term based upon a principle where someone who has relied upon a gratuitous promise may be able to enforce it and based on one definition by the Legal Information Institute is stated as “the doctrine allowing recovery on a promise made without consideration when the reliance on the promise was reasonable, and the promise relied to his or her detriment”. Promissory estoppel is used as a defensive action and because of this is considered best used as a “shield” and not as a “sword” from a legal standpoint. Using Canadian cases which have utilized the promissory estoppel tool, defensively it is much easier implemented and easier to realize when a case fulfills the requirements for promissory estoppel. Cases which have attempted to use promissory estoppel as a “sword” have been less successful because often vital elements necessary for the fulfillment of promissory estoppel are not met such as agreement of action, equity, unambiguous consensus and consideration.
Bibliography lists 8 sources.
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