Study On Establishment And Application Of The Principle Of Promissory Estoppel

In the contract law of United Kingdom, consideration as a standard to determinethe specific performance of the contract, is a breakthrough in the traditional system ofwrit. Without consideration, there is no binding and commitment can’t be enforced.The appearance of consideration theory meets the need of free competition economy,and the consideration theory has a huge development in the19th century. And sincethe20th century, with the rapid development of the economy, the simple considerationtheory is insufficient to support flexible business activities due to the influence ofsocial factors such as public policy and business practices. Under the considerationtheory, any commitment without consideration can’t be enforced. In the contract lackof consideration and binding, if one of the parties is damage because believing theother’s promises, then the one can’t get relief. Based on the concept of equity, this isnot fair. The appearance of the principle of promissory estoppel is the relief of equityaccording the stringent of consideration theory in common law.Thus, the study of the principle of promissory estoppel can not only understandthe traditional structure of English contract law, but also allows us to catch measuresof British contract law respond to the development needs of modern society from oneglimpse. At the same time, it is helpful to improve and develop China’s civil lawsystem through comparison with our related rules.The main body of this paper is divided into four chapters.Chapter one is the tradition of common law and Lord Denning’s admonition. Inthis chapter, mainly introduce the characteristics of British common law, the role ofjudges, the meaning of analysis of case experience, and Lord Denning’s promotionand contribution to the development of law, and also his legal conception.Chapter two is about the negativity of consideration theory and the birth of theprinciple of promissory estoppel. Firstly, descripts the negativity of considerationtheory, the nature of promises without consideration, and the meaning of protectingbenefit of trust. Secondly, introduces the detailed origins elaboration of the principleof promissory estoppel-two specific systems of English laws: estoppel and waiver.Thirdly, from the reasons of establishment, and principle of Pinnel established in "Pinnel’s Case" detach from the business practices and transactions styles set up laterin practical application, and this greatly promotes the establishment of the principle ofpromissory estoppel. The cases of "Hughes v. Metropolitan Railway Company case"and "Birmingham and Regional Land Company v. London and Northwestern RailwayCompany case" laid a theoretical foundation for the advent of this principle. Then,describes two major obstacles on the advent road of the principle of promissoryestoppel. Finally, Lord Denning tried several times, and with the help of "Report ofthe Law Revision Committee on doctrine of consideration", successfully crossed thetwo major obstacles, and finally established the principle of promissory estoppel in"Central London Property Trust Ltd. v. Hay· Treece Real Estate Limited Case ".Chapter three introduces the application and development of the principle ofpromissory estoppel. In this chapter, uses the actual jurisprudence of Lord Denning asmain line, describes the development of the principle of promissory estoppel inpractical application, clarifies the scope, conditions, constituent elements and meaningin application, and solves the combine problem of this principle and proprietaryestoppel principle, and the problems how to flexibly use this principle when it ismixed with several other estoppel principles. Meanwhile, with the appearance of theprinciple of promissory estoppel, we make a detailed analysis of the influence ontheory of consideration and the great significance of "trust protection theory".Chapter four is a brief analysis of the principle of promissory estoppel in Chinesecontext. In this chapter, we analyze the feasibility and necessity of the principle ofpromissory estoppel in Chinese Civil Law. In judicial practice, the principle of goodfaith is uncertain and ambiguous, there are differences between the scope and resultsof Liability of Contract Negligence and the principle of promissory estoppel, as wellas economic development of China determines that the principle of promissoryestoppel will play an important role if this principle present in our civil law.