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Silent Disquisitions Of A Promise: An Analysis Of The Doctrine Of Promissory Estoppel




Saksham Gadia, O.P. Jindal Global University


INTRODUCTION


The rise of promissory estoppel in the past half century has been described as "one of the most significant developments in contract law”.1 From the humble foundation as a substitute for consideration in donation related promise cases,2 “this reliance-based doctrine has come to enjoy application in a wide variety of contexts”.3The doctrine of Promissory estoppel has been an area of contention since its dawn The Doctrine of Promissory Estoppel is a fair principle developed to prevent counts of injustice in the society, however ordinarily named Promissory Estoppel, it falls in the circle of neither agreement nor estoppel. This standard is ordinarily summoned in precedent-based law if there should arise an occurrence of break of agreement or against a Government. The principle is famously called as Promissory Estoppel, Equitable Estoppel , Quasi Estoppel and New Estoppel. One might say that assuming the Government in India makes a guarantee to any individual and the guarantee isn't conflicting with the tradition that must be adhered to and isn't against public interest, then, at that point, a short time later it can't decline to maintain its guarantee. Thus in lieu of this complexity, the first part deals with origin and history of the doctrine including certain opposing rulings to the doctrine. The second section deals with the position of the doctrine at common law. Lastly, the third section ventures upon the position of the doctrine at Indian law.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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