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Contract Law ConcentrateLaw Revision and Study Guide

Contract Law Concentrate: Law Revision and Study Guide (5th edn)

Jill Poole, James Devenney, and Adam Shaw-Mellors
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date: 23 September 2023

p. 473. Enforceability issues

Intention to be bound, consideration, and promissory estoppellocked

p. 473. Enforceability issues

Intention to be bound, consideration, and promissory estoppellocked

  • Jill Poole, Jill PooleFormerly Deputy Dean, Aston Business School, and Professor of Commercial Law, Aston University
  • James DevenneyJames DevenneyHead of School and Professor of Transnational Commercial Law, School of Law, Reading University, UK and Visiting Full Professor, University College Dublin, Ireland
  •  and Adam Shaw-MellorsAdam Shaw-MellorsSenior Lecturer in Commercial Law and Director of Employability, Law School, Aston University, UK

Abstract

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the question of whether the promises contained in the agreement are enforceable so that there is a legally binding contract in place (formation). It considers the parties’ intention to be legally bound and the need to establish that the promises are part of a bargain. The same bargain requirement applies to alteration promises, although the treatment of alteration promises is not as strict. It is possible for freely made alteration promises to be enforceable when not ‘paid for’ with another promise or action, e.g. by means of the doctrine of promissory estoppel.

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