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Words: | Submitted: Thu Jul 11 2002
... and the landlord attempted to recover the original £2,500 a year for the period of the bombing. It was decided by Lord Denning that the landlord would be not entitled to back rent of the reduced payments during the bombing, but that the tenants would be obliged to pay the original rentcharge after the period of bombing. This decision seems to contradict the doctrine of consideration, as the promise to reduce the rent had been given without consideration, yet it was legally enforceable against the landlord. It was noted by Denning that when a promise had been made, with the intention to be legally binding, acted upon, and a cause of action in damages was made for the breach of the promise, it would give rise to promissory estoppel. The promise in this case was only legally enforceable in the period during the war, and not thereafter. Denning added that if ...
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