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4 Tests
- P/or must have made P to P/ee to not enforcea legal right
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P/ee must have relied on that P
- To his detriment: Ajayi v Briscoe
- and altered his position as a result: Alan Co ltd v El Nasr & Import (1972)
- would be unconscionable for P/or to reniege on his promise
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defence not a sword
- Combe v Combe (1951)
- cf:Re Wyven Developements (1974); Guildford City AFC - Pr Est CAN be a cause of action
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When does it arise?
- Contract between parties
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special circumstances
- parties negotiating C: per DENNING LJ IN Brinkom Ltd V Car
- 'C IRRELEVANT' per Donaldson J in Durham Fancy Goods V. Michael Jackson (1969)
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Implications
- Periodic Payment
- Lump Sum Payments