High Trees Case

High Trees Case
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  • THE DOCTRINE OF PROMISSORY ESTOPPEL
  • THE DOCTRINE OF PROMISSORY ESTOPPEL
  • LONDON, 1939. THE CLAIMANT HAS JUST LET A PROPERTY: HIGH TREES HOUSE
  • EVERYONE IS AWAY FIGHTING THE WAR AND I CAN'T FIND EHOUGH TENANTS FOR THE BUILDING I LEASE. HOWEVER WILL I PAY THE RENT?
  • DUE TO CIRCUMSTANCES, YOU ONLY NEED TO PAY HALF THE LEASE
  • 1945: THE WAR ENDS AND THE FLATS ARE FULL. THE CLAIMANT DEMANDS FULL RENT FOR THE PAST TWO QUARTERS: THE AGREEMENT WAS ONLY TEMPORARY
  • FULL RENT SHOULD BE PAID FOR THESE PAST TWO QUARTERS BUT NOT FOR THE WHOLE WAR: IT WOULD BE INEQUITABLE.
  • ..IF A PARTY PROMISES NOT TO ENFORCE A RIGHT THEY ARE ESTOPPED FROM ENFORCING THIS LATER IF OTHER PARTY HAS RELIED ON THE PROMISE AND IT WOULD BE INEQUITABLE TO DO SO. HOWEVER, CONDITIONS APPLY...
  • .
  • PROMISSORY ESTOPPAL
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