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Theory behind promissory estoppel
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Identification of Parties
There are two parties involved in this legal case. The two parties are:
1. Solar Energy Power Plant Company (SEPP)
2. Utility Supply (US)
SEPP designs solar energy power plant for a regional town. US supply the panels for the power plant.
Facts and Assumptions
Facts
The SEPP wants to design and built a 5 stars standard solar energy power plant which standard is determined by EEC. The panels used to build the power plant are provided by the US. US must provide a certificate for the panels from EEC at each stage to verify the standard of the panels before SEPP made the payments. The certificate of panels from EEC is an ‘invitation of treat’. There is a promise between SEPP and US which SEPP advise US that the certificate is not necessary and SEPP had made two progress payments without the provision of the panel certificates from EEC.
Assumptions
Assume the contract between SEPP and US was been written properly and provide sufficient details of the information in the contract between them. Assume the contract has clearly stated that SEPP made the payments in stages and at each stage US must provide certificate from EEC before SEPP made the payments.
Legal Principles
According to the contact law, the standard bargain theory of contract stated that the promise will not bind unless there is some price or payment is made. The payment or price may be a promise. However, there are some situations in which a non-contractual promise might not give arise of the right to sue for damages if it is proven as false but it can give arise to binding obligations.
Promissory estoppel is a relatively new development to contract law but it is important doctrine where a non-contractual promise lacking consideration provided...
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...t, we should the statements in the contract and ensure all parties that follow and obey their obligations to lead the business successful. All action such as arrangement or payment is right and must follow the statements under the contract. Last but not least, regular evaluate and report performance of contract, do documentation clearly and follow up the policies or procedures if it is necessary to avoid any conflict or violate the contract law under unconscious.
Bibliography
Reichman, C. 2014, MME40001 Engineering Management 2, Legal Imperative, week 9, Contracts, lecture PowerPoint Slides, viewed 21th May 2014. https://ilearn.swin.edu.au/ Australian Contact and Consumer Law 2008, Australian Contact Law, viewed 25h May 2014. http://www.australiancontractlaw.com/ Agreement 2013, Australian Contact Law, viewed 25th May 2014.
http://www.australiancontractlaw.com/
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