Promissory estoppel is a controversial exception Essay Example

Promissory estoppel is a controversial exception Essay There are three exclusions to the regulation inPinnel’s instance. They are composite understanding, payment of debt by 3rd party and promissory estoppel. The regulation inPinnel’s instance ( 1602 ) 5 CoRep117ais that portion payment of debt is non good consideration to waive the balance. Thus the creditor may action for the staying debt unless there is fresh consideration. Promissory estoppel like proprietary estoppel is popular types of just estoppel. The importance of just estoppel was stated inCrabb V. Arun DC ( 1976 ) 1 Ch 179that â€Å"equity comes in †¦Ã¢â‚¬ ¦.. to extenuate the cogency of rigorous jurisprudence †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ . it prevents a individual from take a firm standing on his rigorous legal rights †¦ . when it would be unjust for him to make so holding respects to the traffics which has taken topographic point between the parties† . We will write a custom essay sample on Promissory estoppel is a controversial exception specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Promissory estoppel is a controversial exception specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Promissory estoppel is a controversial exception specifically for you FOR ONLY $16.38 $13.9/page Hire Writer An illustration of promissory estoppel is where A promises B that he would non implement his legal rights and B acted and relied on it without giving any consideration, equity would non let A to renegue on on his promise to B. The modern construct of promissory estoppel was developed in the instances ofCardinal London Property trust Ltd V. High Tree House Ltd. ( 1974 ) 1 KB 130andEntire Metal Manufacturing Ltd V. Tungsten Electric Co Ltd. ( 1955 ) 1 WLR 761. Promissory estoppel differs from common jurisprudence estoppel because it has less rigorous demands and it may originate from promise of future behavior or purpose. Promissory estoppel is traceable toHughes V. Metropolitan Railway( 1877 ) 2 App Case 439. Here the landlord gave his tenant 6 months to mend the belongings else hazard forfeiture. Within the 6 months, dialogue for the sale of the rental was opened between landlord and renter. The dialogue failed after 6 months and the renter failed to mend. The landlord sought to implement forfeiture. It was held that the landlord had led the renter by his behavior to believe that the landlord would non implement forfeiture. InHigh Tree House Ltd instance,the landlord promised to have from the tenant half of the land rent because of the trouble of happening renters during wartime period. After the war, the flats became occupied and the landlord sued for outstanding arrears during the wartime. The tribunal germinating the rule of promissory estoppel held that the landlord was non entitled to the arrears rent of the wartime period. Promissory estoppel occurs when there is a contractual relationship between parties. Like when there is a legal relationship between the promisee and the promiser. It remains unsettled whether promissory estoppel may originate in pre-contractual relationships. However, Lord Denning inBrinkom Investments Ltd V. Carr ( 1979 ) Calciumwas of the position that promissory estoppel may originate from promise made by parties negociating contracts. Similar positions was expressed in Durham Fancy Goods V. Michael Jackson ( 1969 ) 2 QB 839 where Donaldson J. held that contractual relationship is irrelevant provided that there is â€Å"a preexistent legal relationship which could, in certain fortunes, give rise to liabilities and penalties† . The first demand of promissory estoppel is that the promiser must give clear and unambiguous statement that he does non mean to implement his legal rights. The promise may be express or implied. The 2nd demand is that promisee must hold acted on that promise made by the promiser. Promissory estoppel frequently originate where promisee in trust on that promise suffered hurt as inAjayi V. Briscoe ( 1964 ) 1 WLR 1326; or where he alters his place as a consequence of trusting on that promise when though he suffers no hurt. InAlan Co. Ltd V El Nasr A ; Import Co. ( 1972 ) 2QB 18, Lord Denningheld that hurt is non an indispensable component of promissory estoppel. Therefore, for a supplication of promissory estoppel to win, there must be a alteration in fortunes of the promisee. The 3rd demand of promissory estoppel is that it would be unjust for the promiser to renegue on on his promise and claim his rigorous legal rights after the promisee had relied on it. The 4th demand of promissory estoppel is that it can non non be enforce against the promissor. Thus it can be used merely as a defense mechanism and therefore can non be used as a blade. In Combe V. Combe ( 1951 ) CA, the tribunal held that promissory estoppel does non make a cause of action and as such the demand of consideration in formation of contract is still relevant. Promissory estoppel is a regulation of grounds that prevents the promissor from denying the truth of statement which the promisee had relied. However, this demand seemed changed in visible radiation of the determinations inRe Wyven Developments ( 1974 ) 1 WLR 1097andEvenden V. Guildford City AFC ( 1975 )QB 917, here the tribunals held â€Å"that promissory estoppel can be a cause of action† . The tribunals use an nonsubjective trial to find whether it was sensible to trust on a promise. Thus certain promises like menaces would non amount to promissory estoppel where tribunal decides that trust on it was unequal. Furthermore, if the promisee did non trust on the promise, there would be valid statement that it was non unjust for the promiser to travel back on his promise. Promissory estoppel may for good snuff out the rights of the promissor to claim ball amount after part-payment. InD A ; C Builders v Rees ( 1965 ) 2QB 617,Lord Denningexpressed that the â€Å"promissor would non be allowed to return to his rigorous legal rights and that the promissory estoppel will be concluding if promisee understood the promise to intend concluding extinction of promissors’ rights rigorous legal rights† . However, for periodic payment promissory estoppel simply suspends the right of the promissor to the debt until such clip when it becomes just to claim the balance. Therefore, in periodic payments, promissory estoppel may snuff out the right of the promissor to claim payment for the suspended period but can do claim for subsequent periods after giving sensible notice or when the fortunes that gave rise to the fortunes alterations. InEntire Metal instance, the tribunal held that â€Å"on giving sensible notice to the other party, revert to their legal entitlement to have the compensation payments†

America and the Thirteen Original Colonies essays

America and the Thirteen Original Colonies essays Every person born and raised in America, within the past half century, has at one time or another heard the song "Fifty Nifty United States"; the song which pounds the memorization of the fifty American states into one's head. If you were to ask any person from the age of ten to thirty, they would most likely be able to recite every single state, alphabetically. Towards the beginning of the brilliant masterpiece, there is a line which exclaims, "Fifty Nifty United States/ From thirteen original colonies..." The line, having horrible melodic doggerel, is right about these colonies. Thirteen colonies established by the British were satellites used in a system of mercantilism; they provided the natural resources while England would manufacture the goods to sell back to them. Unlike many other attempts at establishing previous settlements, these particular colonies, over a period of time, began to take their own form and question the mother country. The colonies developed their own ideas and beliefs and eventually broke away from England to for the United States of America. Among the so-called Thirteen Original Colonies, which included those of New England, the Middle Colonies, and the Southern Colonies, were certain common institutions and philosophies. The first colonies of America, the quintessential "thirteen" of them, had certain elements that caused them to be similar. Geographically, every colony was on the eastern coast of America, and everyone had similar environmental and land features. In the New England colonies, although a bit colder, had necessary farming land with some forest area; in the Middle colonies, farmland was abundant and waterways were important to trade; and in the Southern colonies, farmland was a very important factor and it was generally warmer than the other colonies. Geography also had a large impact on the economy, logically, seeing as if the three sections of colonies did not have distinguishing characte...

Film summary title never let me go Movie Review Example | Topics and Well Written Essays - 500 words - 1

Film summary title never let me go - Movie Review Example One of their teachers, Miss Lucy tells the pupils of the way that they are, that they live so that they could become organ donors at one point. Tommy and Cathy become great friends but Ruth spoils the relationship by attempting to snatch Tommy from Cathy, she is successful for a while. The three friends shift to some cottages in a farm where they encounter other young adults that came from schools that resembled theirs. At some point, they find a person whom they perceive to be a clone for Ruth making the three friends to arrange for a trip to go and see her. Unfortunately there is little semblance, an aspect that rages Ruth a lot. Hearing that there was a possibility for ‘deferral’, Tommy gets to the gallery of Hilsham to check on whether the artwork would predict true love. However, he never sent any artwork hence a deferral cannot be established between him and Ruth. A split in the relationship occurs where Cathy sets herself from the rest to take the role of supporting organ donors. Also immediately, the relationship between the Tommy and Ruth ends. Ten years later, Cathy meets a frail Ruth who organizes for a meeting of the three friends to seek for forgiveness. She donates her last organ and dies. Consequently, Tommy and Cathy become friends aga in but the play culminates when he is donating his last organ as Kathy is looking onto him on the other side of the glass window. The film is a science fiction that presents incidences that have been at the center of research. Organ donation is an aspect that of presented in the film, here focusing on growing individuals specifically for organ donation. Jealousy in relationships is real especially where there is an act of desperation. Ruth was worried that she may be unable to find a friend just like Cathy because of the limited interactions. Tommy was the only man around them, so she opted to compete with her. Another issue is the aspect of superstition;

The temperature and forms of energy and alternative Essay

The temperature and forms of energy and alternative - Essay Example Energy is known to have existed in different forms and by law of conservation, it is neither gained nor lost, only transformed between such forms. Humans have since time hugely benefitted from utilizing energy with light, heat, gravitation, and sound. Scientific studies, moreover, allowed discoveries of other convertible energy forms such as mechanical energy, electrical energy, chemical energy, and nuclear energy. It is of primary significance to life that each energy form is capable of operating a specific engine or machinery to aid men in their means of comfortable living and advancement toward a more sustainable economy. Out of these forms, energy is further classified as either originating from resources or non-renewable resources. In particular, biofuels like the ones based on algae are a renewable alternative fuel used in producing electricity. Besides the renewably drawn energy derived through biomass, geothermal energy, hydroelectric energy, wind, and solar powers, good fuel alternatives are present as well in bioalcohols, non-fossil methane and natural gas, ammonia, and vegetable oil. These safer options create possibilities of reducing air pollution since less hazardous substances are involved during the crucial stages of extraction and emission processes. This way, state investments may be allocated for concerns other than for setting up

Factory job Essay Example for Free

Factory job Essay I am seriously going to explode one day. That Mr Birling is being totally out of order, he pays us girls nothing more than 20 shillings a day and that cant keep me alive for much longer. I have spoken to the girls and they agree with me that we should go on strike. That will make him think about the wages he gives the girls and me. I would rather quit but that would show the wrong side of me I am not a quitter, I am a fighter. I should of taken the job in the bakery but no I had to choose the factory job which could have been good and well paid but no they lied to me about the wages. Anyway I saw my Nan today, she is really ill I need the extra money for her medicine but if you ask me I think she will be going soon. I wish I could see my mum but she is in Yorkshire. I could not stay there because there was no work. There was work but I would never stoop that low. My sister got into that kind of work and she got pregnant out of that sort of business. This all the countrys fault I had to move here because of the lack of jobs in Yorkshire its ridiculous. The strike will still go on. Talk soon, thank you for listening. I am sacked now, looks like I need to starve my self once again all because I wanted more money to actually stay alive, hence I am starving myself now. Most of the girls got their jobs back and I loose mine that fair. Mr Birling has to learn that it is not business all the time, he has to think about other peoples lives that are not rich. I told him that and he obviously did not understand about higher and lower class, all he concentrates on is higher class and spends money like a fire in a wood. I better look for a job soon other wise I will die like my Nan did poor and helpless. I am living in my Nan house but I will probably not stay here that long because she has probably given the house to sally her friend on the street. Thank you for listening bye. I am so happy, I went to a interview last week with Milwards and I have a job now and its good pay and I can help sewing the dresses which is my life long dream. I have not got the house any more, Sally and Frederick her boyfriend live there now and I live in a run down hovel and nothing in it. I have no money and I have changed my name to Sarah so I can get a job because I got sacked and you what Mr Birling is like, he knows everyone. I am gradually getting richer but not much, I have got 40 shillings and I need to save that so I cant eat again. Hopefully this job will be successful and its nearly Christmas bonus but I wont get my hopes up. I have realised that my behaviour at Mr Birlings factory was bad but I was desperate and I need the money. I need to be really polite in this shop because lots of posh and higher class shop here and like I said I dont want to work on the street. Thank you for listening. I got sacked once again. I have not been a pain but I did make a funny look when Miss Birling was showing her dress to mum. Even her mum didnt like the dress, you could tell by her face. I laughed as well but that was because I tripped other the stall. I think she complained about me and said to Samantha the boss to sack me. The Higher class always gets their way and bosses always want money. Thank you for listening. It has come to the worse now. I am getting money but I hate sleeping with scummy old men who smell of beer and sometimes dont even pay you for your time. I really did not want to become a slut and sleep around but I am and I had to change my name again. My name is Daisy Renton now. I have lost two stone. I am probably going to die one day and probably poor, helpless and with no family by my side. I might go back to Yorkshire but I have myself into a business. I am going out with Gerald. He was a customer but he likes talking to me and he bought me food recently and I that was touching. I met him in the palace bar. I was there for business and business is good there because all the rich people are there and have no lady of there own because they are so ugly. Gerald is so sweet. Talk soon. I am really depressed and my live is over now because Gerald has left me he gave me some money but I love Gerald I need him he kept me away from trouble. A man recently beat me up and Gerald looked after me. He is a star and he always will be. The money has been going down the drain I need more money, I might need to do extra nights and double shifts a night. Old men are the worst they are so old and horrible. I need a good job because I have not got a enough money for the place I am renting. I will talk to you soon bye.

Mary Shelly’s Frankenstein Essays -- essays research papers

Mary Shelly’s Frankenstein Responsibility is the key to experimentation, those lacking the maturity fail. In Mary Shelly’s Frankenstein, Victor Frankenstein experiments in creating life. However creating a monster, the reader finds out that Victor is not mature enough to handle the responsibility of his actions. Even though Victor Frankenstein is the creator/father of the monster, he has characteristics of a child and the monster has the maturity of an adult. When Henry Clerval arrives at Frankenstein’s door after his experimenting, he experiences Victor’s child-like actions. As Victor explains, â€Å"I was unable to remain for a single instant in the same place; I jumped over the chairs, clapped my hands, and laughed aloud.†(36) This shows the sheer giddiness of Victor after being isolated from friends and family for months working on his experiments. Victor was immature when handling the isolation so he bottled up emotions which were let loose when the sight of his friend arrived. Frankenstein even mentions that his actions are child-like when he enters his home. â€Å"I threw the door open forcibly, as children are accustomed to do when they expect a spectre to stand in waiting for them on the other side.†(37) Like a child does, victor could not control his feelings and thus acted out in an irregular manner for an adult. After Frankenstein creates the monster, his actions, also became that of a scared child. â€Å"One hand was stretched out, seemingly to detain me, but I escaped, ...

Patterns in Strategy Formation Essay

A critical summary of the article â€Å"Patterns in strategy formation† written by Henry Mintzberg, published in Journal Management Science Vol. 24, No. 9, (1978) A short overview The paper,†Patterns in strategy formation†, outlines a new kind of description to the much misunderstood process of strategy formation in organizations. After giving a short summary of the theme, the author, Henry Mintzberg, describes the term â€Å"strategy† and shows how the definition leads to the choice of a research methodology. Following this, he details the four steps of research methodology. With to completed, major studies about two organizations (Volkswagenwerk and the United States government in Vietnam) Mintzberg analyzes three central themes. The first is that strategy formation can be viewed as the interplay between a dynamic environment and bureaucratic momentum, with leadership mediating between the two. Second, that strategy formation over periods of time appears to follow distinct regularities, for example life cycles or change-continuity cycles within life cycle. And third the study of the interplay between intended and realized strategies may be central to the strategy formation process. Definition of strategy and the research methodology In the first section of the paper, Mintzberg describes the term †strategy†. Strategy is generally defined, whether in game, military or management theory, as a deliberate, conscious set of guidelines that determines decisions into the future. In common terminology, a strategy is a plan. Mintzberg illustrates that defining strategy as a plan is not sufficient, because if strategies can be intended, surely they can also be realized. A definition that encompasses the resulting behavior is therefore required. The author proposes to define strategy in general as a pattern in a stream of decisions. To clarify this definition of strategy, he introduces a few illustrations. For example, when Picasso painted blue for a time, that was a strategy †Blue Strategy†. This definition of strategy necessitated the analysis of decision streams in a organizations over time periods to detect the development and breakdown of patterns. Therefore Mintzberg subdivided the analysis of the studies into four central steps. 1st step: Collection of basic data. 2nd step: Inference of strategies and periods of change. 3rd step: Intensive analysis of periods of change. 4th step: Theoretical analysis. After giving a brief review of the periods of strategy in two organizations, using the terminology of the research, the author comes to the core of the paper, which is the presentation of some theoretical conclusions about strategy formation. Strategy formation as the interplay of environment, leadership and bureaucracy Mintzberg outlines strategy formation in most organizations as the interplay of three basic forces revolving around the dynamic environment that changes continuously but irregularly, organizational management or bureaucracy that attempts to stabilize the actions of the organizations whilst operating in the dynamic environment, and leadership of the organizations whose role is to mediate between the two forces. From this point of departure, the author provides a definition of strategy and of strategic change. †Strategy can then be viewed as the set of consistent behaviors by which the organization establishes for a time its place in its environment, and strategic change can be viewed as the organization’s response to environmental change, constrained by the momentum of the bureaucracy and accelerated or dampened by the leadership†. Mintzberg illustrates, that the two organizations (Volkswagenwerk and U.S. government in Vietnam) are stories of how bureaucratic momentum constrains and leadership dampens strategic change. In 1965, for example, when the United States government escalated the Vietnam war in a way that made the escalation inevitable, the new leadership, named Johnson, dampened the strategic change, under the environmental and bureaucratic pressures. Also in 1960, when action was needed in the face of an increasingly changed environment, the central leadership of Volkswagenwerk was not forthcoming. Patterns of strategic change According to Mintzberg, patterns of strategic change are never steady, but rather irregular and ad hoc, with a complex intermingling or periods of change, continuity. Even so, he recognizes some patterns in strategy formation that may enable organizations to understand better their strategic situations. The first pattern is the life cycle of an overall strategy, based on four phases: conception, elaboration, decay and death. The author illustrates that the case of Vietnam represents the classic strategic life cycle. The second pattern is the presence of periodic waves of change and continuity within the life cycle. This second pattern suggests that strategies do not commonly change incrementally. Rather, change takes place in spurts, each followed by a period of stability. Mintzberg notes, that nowhere is the change-continuity cycle better demonstrated than in the stepwise escalation of the Vietnam metastrategy. According to the author, the reason for the periods of change and continuity is that human do not react to phenomena continuously, but rather in discreet steps, when changes are large enough to be perceived. In a similar manner, strategic decision processes in organizations are not continuous, but irregular. Based on both studies, Mintzberg notes, that there are dangers in incremental changes. He argues that strategy-makers seem prepared to assume positions in incremental steps that they would never begin to entertain in global ones. On the other hand, global change is very difficult to conceive and execute successfully. According to the author, this is perhaps the strategy-maker’s greatest dilemma. The danger of incremental changes versus the difficulty of global changes. Interplay between intended and realized strategies The author identifies two kinds of strategies: intended and realized. He illustrates, that these two can be combined in three ways: Intended strategies that get realized, which are called deliberate strategies (e.g. the Volkswagen strategy of 1948 to 1958). Intended strategies that do not get realized, which are called unrealized strategies (e.g. Kennedy’s intended strategy of 1961 of advising the Vietnamese). Realized strategies that were never intended, which are called emergent strategies (e.g. the U.S. strategy of finding itself in a fighting instead of advising role). Furthermore, Mintzberg argues that it is possible to find a number of other relationships between intended and realized strategies, such as intended strategies that, as they get realized, change their form and become emergent; emergent strategies that get formalized as deliberate ones; or intended strategies that get overrealized. This view challenges the tenets of planning theory, which postulates that the strategy-maker formulates from on high while the subordinates implement lower down. Mintzberg argues that this dichotomy between strategy formulation and strategy implementation is a false one under certain conditions – e.g. the formulator isn’t fully informed or the environment isn’t sufficiently stable -, because it ignores the learning that must often follow the conception of an intended strategy. According to Mintzberg, another important point is that the formalization of an emergent strategy as the new, intended strategy is hardly incidental to the organization. The author states that the very act of explicating an implicit strategy changes fundamental the attitude of the bureaucracy and of the environment. He further argues that the very fact of making a strategy explicit provides a clear and formal invitation to the bureaucracy to run with it. But the author also notes that sometimes it can be risky to make strategy explicit, notably in an uncertain environment with an aggressive bureaucracy. He makes the point that the strategy-maker may awake one day to find that his intended strategy has somehow been implemented beyond his wildest intentions. It has been overrealized. Conclusion and critique on the paper In my estimation, the paper †Patterns in strategy formation† is very well-written. The author, Mintzberg, first describes what the paper will be all about. After that, he introduces the theme, strategy as a pattern in a stream of decisions, and shows how this definition leads naturally to the choice of a research methodology. After that, he explains the four steps of the analysis he will use to reviews the major periods of two organizations (Volkswagenwerk and U.S. government in Vietnam). By using these major studies he arouses the reader’s interest and creates a fundamental basis to examine and prove aspects, that strategy formation can be viewed as the interplay of environment, bureaucracy and leadership, that that strategy formation appears to follow distinct regularities and that the study of the interplay between intended and realized strategies may be central to the strategy formation process. Furthermore, he admits that this studies constitute a limited data base, but they do call into question a number of assumptions about the process of strategy formation in organizations, e.g. that a strategy is not a fixed plan, that dichotomy between strategy formulation and strategy implementation is a false one under certain common conditions or that it can sometimes be risky to make strategy explicit. Some general conclusions suggested by these studies are complex and very difficult to understand but, nevertheless, the well-disposed reader understands the approach. This is mainly because, he explains his statements on this two studies closely. To sum up, the paper is well-structured and of a good concept. Furthermore, the paper ties in with very important and interesting research-fields in strategy management.