Dear Colleagues:
There is an interesting note in the (2008) 124 LQR 364 on a recent
decision of the English Court of Appeal in
Collier v Wright [2007]
EWCA Civ 1329. The court in
Collier has taken up the
suggestion of Lord Denning in
D & C Builders v Rees that
promissory estoppel can solve the problem of
Foakes v Beer since
promissory estoppel does not require detrimental reliance only reliance
and that reliance can come from the mere act of paying less. The note
is critical of this development (rightly in my mind but I know others
vehemently disagree) since it contends that injurious reliance is the
cornerstone of equity's intervention.
Happy Reading,
--
Jason Neyers
Associate Professor of Law &
Cassels Brock LLP Faculty Fellow in Contract Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435