Combe v Combe
1951 · [1951] 2 KB 215
Posted By lanbuk.com
- Facts
- On divorce, a husband promised his wife an annual allowance. She gave no . He did not pay, and she sued on the promise.
- Issue
- Could found her action?
- Held
- No. The Court of Appeal held that promissory estoppel does not create new causes of action. It is a shield, not a sword.
- Principle
- Promissory estoppel cannot be used to found a claim where there is no consideration.
- Why it matters
- It sets a key limit on promissory estoppel.
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.
- Consideration
- The price of a promise: something of value given, or promised, in return. A bare promise to make a gift has none. 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.
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