A critical analysis of an intention to create legal relations which could be used to replace the doctrine of consideration.
Written in 2004; 2,106 words; 2 sources; MLA; $ 66.95
Paper Summary:
This paper considers the doctrine of consideration, the test of enforceability and the principles of duties imposed by a contract as evident in such cases as "Stilk v Myrick" [1809]. This paper also discusses the the creation of promissory estoppel created by Lord Denning as well as domestic and commercial contractual agreements.
From the Paper:
"In Combe Mr Combe promised to pay Mrs Combe the sum of L100 a year for maintenance, but he failed to do so. Mrs Combe brought an action 6 years later to claim against Mr Combe for the arrears. Mrs Combe did not give consideration to the promise and chose not to apply for a divorce, as requested by Mr Combe. It was held that Mrs Combe did not provide consideration for the promise, despite the husbands promise was made clear with the consideration that the wife acted upon the promise. The doctrine of promissory estoppel could not be used here, as the principle was only intended to be used as a 'sword' not a 'shield'."
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