Contract Law - Doctrine of Consideration and Promissory Estoppel Essay

Contract Law - Doctrine of Consideration and Promissory Estoppel - Essay Example as stipulated by this doctrine, any party relying to his or her detriment on another partys promise may make that promise enforceable to such extent as her/his reliance. However, any action under the promissory estoppel doctrine is highly likely to be executed under equity in absence of a jury. It may also fail if the plaintiff cannot demonstrate the element that there will be a result of injustice if the oral promise by the promisor is not enforced. A plaintiff of promissory estoppels doctrine has also to overcome a great deal of hostility by the judiciary to such doctrine. Even if the plaintiff is successful under this, it may not be possible to make a recovery of the whole benefit in which he/she was bargaining.1 (Luepke, 2002) In the period from year 1809 to 1991, common law has made a clear provision that any promise by a party to make a performance of any act, which that party has prior legal obligation to perform, such is not a good consideration. In the same line, any promise received as part of exchange is unenforceable. Such is the case even if the promise would impact by creating a new contract altogether or even modifying the existing contracts terms. The court of appeal of England has the power to make changes to the law as it has been settled. In the case of William versus Roffey where the facts were that the promisee made to the promisor an understanding that as the promisee he would extend his performance of his undertaking as per the previous contract. It was held by the court that the accruing practical benefit to this cases promisor from the previous promises repetition would be enough consideration to make such a promise to raise the prior payment an enforceable fact in law. The promise made afterwards outside the process of bargaining was neither offered nor solicited.2 (Twyford, 2002) When the two doctrines interact a controversial situation arises.