PLEASE HELP: Does promissory Estoppel and Duress undermine Consideration?
Hiya, could anyone please PLEASE please help me?
I have an asessed essay for Contract Law:
“The status of consideration as an essential element of a binding contract in English law has been undermined in recent years by developments in relation to duress and estoppel, but it remains a necessary badge of legality.”
Critically discuss.
Could anyone ANYONE point me towards something they may have read in a book or an article or a case or journal or ANYTHING, even just what you think concerning the key themes in this question, i.e. have duress and estoppel undermined consideration? How do they affect it? is it good or bad? Is consideration still the top dog?
Im not asking anyone to do this for me so please do not take it in the wrong way, Im just looking for some inspiration, maybe if someone could offer thier 2 cents or point my in the right direction!
Thankyou SO much!!
Xx
I have an asessed essay for Contract Law:
“The status of consideration as an essential element of a binding contract in English law has been undermined in recent years by developments in relation to duress and estoppel, but it remains a necessary badge of legality.”
Critically discuss.
Could anyone ANYONE point me towards something they may have read in a book or an article or a case or journal or ANYTHING, even just what you think concerning the key themes in this question, i.e. have duress and estoppel undermined consideration? How do they affect it? is it good or bad? Is consideration still the top dog?
Im not asking anyone to do this for me so please do not take it in the wrong way, Im just looking for some inspiration, maybe if someone could offer thier 2 cents or point my in the right direction!
Thankyou SO much!!
Xx
Its important to think laterally and take a "big picture" view of these things
Think at a very broad level about what you need to prove economic duress or promissory estoppel and some of the limitations of these will show themselves
e.g. you can only rely on estoppel as a defence (think about when this might be an issue), and economic duress can be quite difficult to prove and is very uncertain
Think at a very broad level about what you need to prove economic duress or promissory estoppel and some of the limitations of these will show themselves
e.g. you can only rely on estoppel as a defence (think about when this might be an issue), and economic duress can be quite difficult to prove and is very uncertain
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