Question:Madelaine owes Emma £300 for her wedding dress.
Emma, because she is in need of cash, agrees to accept ?200 in full settlement of the debt, but she later claims the full amount.
Will she succeed?
A. Yes - because Madelaine took advantage of Emma's financial problems.
B. No - Madelaine’s payment is full consideration for Emma’s promise to waive her rights.
C. Yes - she had no intention that Madelaine should act on her waiver and so the doctrine of promissory estoppel does not apply.
D. No - she is estopped from retracting her promise.
The correct answer is:Yes - she had no intention that Madelaine should act on her waiver and so the doctrine of promissory estoppel does not apply.
解析Madelaine did not provide any consideration for Emma reducing her debt and therefore cannot enforce this agreement. Emma would only be bound if promissory estoppel applies. Since there is no evidence that she intended Madelaine to act on her promise, and because that promise was not freely given (due to her financial problems) promissory estoppel does not apply.