Homework Question - Pay Full Amount of Car Rental?

alexho_hk · 17 February 2017

I kept my car in a garage which I rented from Ian at a rental of $100 per month. My car was involved in an accident and was off the road for repairs for a period of six months.

During that time, I had no need for the garage. Feeling sorry for me, Ian told me that I need only pay half the usual rental for that period. I gratefully accepted. After 2 months, Ian had second thoughts and asked me to pay the full amount. In the meantime, I had spent the money on a bicycle to enable me to get to work.

Please help on whether I has to pay the full amount of the rental?

Rod · 17 February 2017

Check out Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130 and promissory estoppel.

alexho_hk · 17 February 2017

Thanks Rod.

How about the following:

Dana, a qualified chartered surveyor in practice on her own, went on holiday for 3 weeks leaving Ellen, an unqualified valuer, in sole charge of the office in her absence. By working very long hours Ellen not only managed to cope with the routine work at the office but also secured a wealthy new client for the practice.

When Dana returned she promised to pay Ellen a special bonus of $500 because of her hard work. Ellen was very pleased and thanked Dana for her generosity. Three months have passed and Dana has failed to pay the bonus.

Advise Ellen.

Is it past consideration but still sufficient since it is provided at the promiser's request and it is understood that payment will be made in return.

Iamthelaw · 18 February 2017

alexho_hk said:
Thanks Rob.

How about the following:

Dana, a qualified chartered surveyor in practice on her own, went on holiday for 3 weeks leaving Ellen, an unqualified valuer, in sole charge of the office in her absence. By working very long hours Ellen not only managed to cope with the routine work at the office but also secured a wealthy new client for the practice.
When Dana returned she promised to pay Ellen a special bonus of $500 because of her hard work. Ellen was very pleased and thanked Dana for her generosity. Three months have passed and Dana has failed to pay the bonus.

Advise Ellen.

Is it past consideration but still sufficient since it is provided at the promiser's request and it is understood that payment will be made in return.

If you're struggling with Contracts, you'll be in for a shock in later subjects. Also, this type of thing can lead to disciplinary action against you.

Rod · 18 February 2017

Look at the elements of promissory estoppel. Do they all exist?

If not, is there any other legal principle that can be applied? Let me know what you think.

You doing LLB? or a business course?

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Homework Question - Pay Full Amount of Car Rental?

alexho_hk

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Rod

Lawyer

alexho_hk

Member

Iamthelaw

Well-Known Member

Rod

Lawyer

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