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What apparent problems did the doctrine present to Denning J in the High Trees case; and how did he resolve these?
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| Submitted: Thu Jul 11 2002
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What apparent problems did the doctrine present to Denning J in the High Trees case; and how did he resolve these? Has the solution he provided proven satisfactory in more recent cases; and what does the capacity of judges to provide solutions of this sort tell you about the nature and purposes of the doctrine? In the case of High Trees [1947] KB 135, Denning J redefined the doctrine of consideration by inviting the doctrine of promissory estoppel within a contract. According to the doctrine of precedent, Denning J was not overturning the decision made in the House of Lords case of Jorden v. Money (1854) 5 HL Cas 185 where there was no contract in absence of consideration, but he used this case to set promissory estoppel into contract law. In the case of High Trees, tenants were promised by the landlord to have the rate of their leases...
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