Promissory estoppel


Produced in partnership with Nicholas Macklam of Radcliffe Chambers
Practice notes

Promissory estoppel


Produced in partnership with Nicholas Macklam of Radcliffe Chambers

Practice notes
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For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.

Promissory estoppel—what is it?

Where A has, by words or conduct, made to B a clear and unequivocal promise or assurance which relates to the legal relations between them and is intended to be acted on accordingly, then, once B has taken A at their word and acted on it, A cannot afterwards be allowed to revert to their previous legal relations as if no promise or assurance had been made by them.

Promissory estoppel is also sometimes known as 'equitable forbearance' and is said to have developed from the doctrine of waiver, which occurs where one party (A) voluntarily agrees to a request by the other (B) not to perform in the manner fixed by the contract—see Practice Note: Estoppel—what, when and how to plead (section on waiver) which also considers the general role of estoppel as operating as defence rather than a cause of action in

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Estoppel definition
What does Estoppel mean?

The basic concept of an estoppel is that where a person (A) has caused another (B) to act on the basis of a particular state of affairs, A is prevented from going back on the words or conduct which led B to act on that basis, if certain conditions are satisfied.

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