Shows that courts reluctant to extend promissory
estoppel doctrine in such way as to abolish doctrine of consideration by back
door.
estoppel doctrine in such way as to abolish doctrine of consideration by back
door.
Husband promised wife £100 a year on divorce.
She therefore did not apply to courts for maintenance.
Court of Appeal held her forbearance from applying for
maintenance was no consideration for promise of £100, as wife’s forbearance had
not been requested and was not in return for promise made to her.
maintenance was no consideration for promise of £100, as wife’s forbearance had
not been requested and was not in return for promise made to her.
Nor could wife rely on promissory estoppel:
Denning LJ:
‘Seeing that [estoppel] can never stand alone as
giving a cause of action in itself, it can never do away with the necessity of
consideration’
giving a cause of action in itself, it can never do away with the necessity of
consideration’
