Whilst there also exists a doctrine of proprietary estoppel, the High Court of Australia merged this doctrine with the doctrine of promissory estoppel by virtue of their similar criteria.
32.
In Alan Co . Ltd V El Nasr & Import Co . ( 1972 ) 2 QB 18, Denning detained that detriment is not an essential element of promissory estoppel.
33.
A promissory estoppel operates only between parties who, at the time of the representation, were in an existing relationship, while this is not a requirement for estoppel by representation of fact.
34.
""'Dale v Trustbank Waikato Ltd " "'is an often cited case in New Zealand cases regarding promissory estoppel, requiring that the promise must be unequivocal for this doctrine to be successful.
35.
However, even if a court decides there is no contract, there might be a possible recovery under " quantum meruit " ( sometimes referred to as a quasi-contract ) or promissory estoppel.
36.
"' Young v New Bay Holdings Ltd "'( 1998 ) 3 NZ ConvC 192, 808 is a cited case in New Zealand regarding satisfying the element of detriment required under promissory estoppel.
37.
The importance of promissory estoppel in contract law is that it has enabled legal obligations, which fall into the category of contract law but fail to show any consideration, to be argued for.
38.
Arden LJ held that " Foakes v Beer " applied, but referring to the brilliant dictum of Denning J in " High Trees ", held that promissory estoppel could aid Mr Collier.
39.
Promissory estoppel is not available when one party promises to accept a lesser sum in full payment of a debt, unless the debtor offers payment at an earlier date than was previously agreed.
40.
In late April 2010, the Cleveland company " won summary judgment on MoonScoop SAS'contract ", as well as " promissory estoppel claims " in the case; MoonScoop filed for an appeal the following month.
