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United Kingdom considerationwaiver and estoppel

Baird Textile Holdings Ltd v Marks and Spencer plc

[2001] EWCA Civ 274
JurisdictionUnited Kingdom
CourtEngland and Wales Court of Appeal
Year2001
StatusBinding authority

Summary

Promissory estoppel cannot found a cause of action as a sword where no pre-existing contractual relationship or obligation otherwise exists.

Key Principle

estoppel cannot create a cause of action where none otherwise exists

Area of Law

Contract — Consideration and Estoppel

Related Cases

Williams v Roffey Bros and Nicholls (Contractors) Ltd [1991] 1 QB 1

Practical benefit obtained by a promisor from a promisee's performance of an existing contractual duty can constitute good consideration for a promise of additional payment.

Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130

A clear and unequivocal promise intended to be acted upon, and which is acted upon, may be enforced in equity by way of promissory estoppel even without consideration.

Stilk v Myrick (1809) 2 Camp 317

Performance of a pre-existing contractual duty owed to the promisor cannot constitute good consideration for a new promise.

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