TMI BlogPromissory estoppelX X X X Extracts X X X X X X X X Extracts X X X X ..... own cannot escape by saying that estoppels do not bind the Crown for that doctrine has long been exploded. Nor can the Crown escape by praying in aid the doctrine of executive necessity, that is, the doctrine that the Crown cannot bind itself so as to fetter its future executive action. That doctrine was propounded by Rowlett J., in Redariaktiebolaget Amphtrite v. The King but it was unnecessary f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate is not subject to an estoppel to the same extent as an individual or a private corporation. Otherwise, it might be rendered helpless to assert its powers in Government. Therefore, as a general rule the doctrine of estoppel will not be applied against the State in its Governmental, Public or sovereign capacity. An exception however arises in the application of estoppel& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in the exercise of its sovereign, legislative or executive functions. The scope of the plea of doctrine of promissory estoppel against the Government may be summed up as follows :- (1) The plea of promissory estoppel is not available against the exercise of the legislative functions of the State. (2) The doctrine cannot be invoked for preventing the Government ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the conditions to the prejudice of the person who had acted upon such representation and put himself in a disadvantageous position. (5) The officer would be justified in changing the terms of the agreement to the prejudice of the other party on special considerations such as difficult foreign exchange position or other matters which have a bearing on general interest of the State. JIT RAM SHIV ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the dealings which have taken place between the parties, and this would be so irrespective whether there is any preexisting relationship between the parties or not.
Thus the principle of promissory estoppel would certainly estop the Corporation from backing out of its obligation arising from a solemn promise made by it to the respondent. X X X X Extracts X X X X X X X X Extracts X X X X
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