Hard2 marksMultiple Choice
The law of obligationsSyllabus BContract LawConsiderationPromissory Estoppel

ACCA · Question 05 · The law of obligations

Section A

During a severe economic downturn, a landlord agrees to accept half rent from a commercial tenant operating an artisanal bakery. Six months later, the economy recovers, and the landlord demands the arrears for the past six months. Under the equitable doctrine of promissory estoppel, which of the following statements is true?

Answer options:

A.

The landlord can claim the arrears because part payment of a debt is never good consideration.

B.

The landlord may be estopped from claiming the arrears if it would be inequitable to do so, as the tenant relied on the promise.

C.

Promissory estoppel can be used by the tenant to sue the landlord for a permanent reduction in rent.

D.

The landlord cannot claim future full rent even after giving reasonable notice.

How to approach this question

Identify the principles of promissory estoppel established in the High Trees case.

Full Answer

B.The landlord may be estopped from claiming the arrears if it would be inequitable to do so, as the tenant relied on the promise.✓ Correct
Promissory estoppel is an equitable doctrine that can prevent a party from enforcing their strict legal rights if they have made a clear promise not to do so, the other party has relied on it, and it would be inequitable to allow the promisor to go back on their word. It acts as an exception to the rule in Pinnel's Case.

Common mistakes

Forgetting that promissory estoppel is a defense ('shield') and only suspends rights, meaning future rent can be reinstated with notice, but past arrears may be extinguished if inequitable to claim.

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