The continuing evolution of promissory estoppel

Abstract

In this research, three phases in the continuing evolution of promissory estoppel are examined. Promissory estoppel is an English equitable doctrine originally meant to prevent injustice by the action of a contracting party in going back from his promise not to enforce his contractual right that had initially led the other party to act to his detriment. First, the historical evolution of this doctrine is outlined. Secondly, its present parameters in three common law countries - England, Australia and Malaysia - are examined due to the continuing development in these countries affecting the traditional limitations of this doctrine. The third focus of this study is the possibility of incorporating this doctrine into the present Malaysian legislation in order to facilitate its easier application.