Hard2 marksMultiple Choice
The law of obligationsSection ASyllabus BCorporate and Business Law

ACCA · Question 05 · The law of obligations

'EcoVertical Farms Ltd' leases a warehouse from a landlord. During a severe economic downturn, the landlord promises to halve the rent for a year. EcoVertical relies on this and invests its remaining cash into new LED lighting. When the economy improves six months later, the landlord demands the full arrears for the past six months.

Under the equitable doctrine of promissory estoppel, what is the likely outcome?

Answer options:

A.

The landlord can claim the arrears because EcoVertical provided no consideration for the rent reduction.

B.

The landlord is estopped from claiming the arrears because EcoVertical relied on the promise to their detriment.

C.

The landlord can claim the arrears because promissory estoppel can only be used as a 'sword', not a 'shield'.

D.

The landlord is permanently estopped from ever raising the rent back to the original amount.

How to approach this question

Apply the principles of Central London Property Trust Ltd v High Trees House Ltd. Promissory estoppel acts as an equitable defense when a promise is relied upon.

Full Answer

B.The landlord is estopped from claiming the arrears because EcoVertical relied on the promise to their detriment.✓ Correct
Promissory estoppel (established in the High Trees case) prevents a promisor from going back on their promise when the promisee has relied on it to their detriment, and it would be inequitable to allow the promisor to revert to strict legal rights. It acts as a 'shield' against the landlord's claim for arrears.

Common mistakes

Applying strict common law rules of consideration (Pinnel's Case) without recognizing the equitable exception of promissory estoppel.

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