From: Jason Neyers <jneyers@uwo.ca>
To: obligations@uwo.ca
Date: 07/01/2009 18:05:51 UTC
Subject: ODG: Foakes v Beer solved?

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