THE THREATS TO THE LIMITATIONS OUTLINING THE PRESENT PARAMETERS OF PROMISSORY ESTOPPEL: A COMPARATIVE STUDY
Wan Izatul Asma Wan Talaat

Abstract
Promissory estoppel is an equitable doctrine applicable in contract law, which applies when one party to a contract promises the other, by words or conduct, that he will not enforce his right under the contract. This doctrine was first promulgated to prevent any occurrence of inequity or injustice caused by the action of the promisor in backing out from his promise, which had initially led the promisee to act to his detriment. Traditionally, there are five limitations to this doctrine, which are derived from the High Trees and Hughes cases; that promissory estoppel only operates as a shield and not as a sword; that there must be a pre-existing contractual relationship; that there must be a clear and unequivocal undertaking; that there must be a proof of detrimental reliance on the representation; and that there shall only be a temporary suspension of contractual obligations and rights. Nevertheless, this doctrine continues to evolve that subsequently begins to affect its parameters. This paper provides an overview into the development of this doctrine in three common law countries i.e. England, Australia and Malaysia in order to determine how threats to the traditional limitations of this doctrine has seemed to affect its parameters.

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