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The scales of justice on a plain background

Central London Property Trust v High Trees House

1947 · KB 130

Posted By lanbuk.com

Facts
In wartime a landlord promised to take half the ground rent. The tenant paid the reduced rent. After the war the landlord claimed the full rent again, including for the war years.
Issue
Could the landlord go back on the promise for the period in which it had been relied on?
Held
Not for those years. Where a promise to accept less is acted on, it is inequitable to insist on the full right for that period.
Principle
can suspend a contractual right where there has been reliance.
Why it matters
It does not abolish Foakes v Beer. It restrains enforcement of the strict right.
Read the full judgment

Words and Latin in this note

Promissory estoppel
A promise not to insist on a strict right, which the other person has relied on. The promisor may be stopped from going back on it. It restrains a right. It does not, by itself, create a new claim. Open the note.
Estoppel
A rule that stops a person from going back on something they said or did when another person relied on it. Open the note.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.