Limitation on Doctrine of Promissory Estopple

Limitation on Doctrine of promissory Estopple

By

Shahzadi Queen

The doctrine of ‘Promissory estoppel’ is subject to the following limitation :-

(1) The doctrine of Promissory Estoppel cannot be invoked against the Legislature or the laws framed by it because the Legislature cannot make a representation;

(2) Promissory estoppel cannot be invoked for directing the doing of the thing which was against law when the representation was made or the promise held out;

(3) No agency or authority can be held bound by a promise or representation not lawfully extended or given;

(4) The doctrine of Promissory Estoppel will not apply where no steps have been taken consequent to the representation or inducement so as to irrevocably commit the property or the reputation of the party invoking it; and

(5) The party which has indulged in fraud or collusion for obtaining some benefits under the representation cannot be rewarded by the enforcement of the promise.