Consideration

Consideration

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1. What do lawyers mean when they say that promissory estoppel can only be used as 'a shield not a sword'? What case is usually reffered to in order to support this?

  • It can only be used as a defence to an action to enforce legal rights, not as the basis of an action to sue someone - Combe v Combe
  • It can only be raised by the court, not by the parties - Kramer v Kramer
  • It can only be used to prevent legal rights being enforcedtemporarily - it annot be used to 'kill off' those rights altogether - Crombie v Crombie
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Other questions in this quiz

2. Executed consideration is consideration that has already passed

  • True
  • False

3. Even a promise to act or a promise to forbear is consideration

  • True
  • False

4. What do the courts mean when they say that promissory estoppel is 'suspensory, not extinctive'?

  • That it does not destroy the legal rights of the person promising not to exercise them - it merely suspends them temporarily for a particular period.
  • That it is dependent on the court equitable jurisdiction, rather than based on common law.
  • That it is an ambiguous area of law and will keep the text book writers busy for years to come.

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