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Ritu Pandey   05 September 2024

Doctrine of promissory estoppel

John, a small business owner, has run a successful bakery for years. Looking to expand, he
decides to open a new location. To fund the construction, John approaches his local bank,
where he has had a long-standing relationship. During a meeting with the bank manager, the
manager verbally assures John that his loan application will be approved, citing their positive
business history. Relying on this promise, John begins construction on the new bakery,
investing significant resources and even signing contracts with contractors and suppliers.
However, when John formally submits his loan application, the bank denies it, citing newly
implemented policy changes that make him ineligible for the loan. John is now in a difficult
financial situation, as he has already committed to the expansion based on the bank manager's
promise. The unexpected denial leaves John unable to cover the construction costs, putting
his entire business at risk.
Can John legally challenge the bank’s decision using the Doctrine of Promissory Estoppel?
What are the potential outcomes if John decides to take the bank to court?



Learning

 1 Replies

Pankhuri Rastogi   18 October 2024

Hello Ritu,

I have read your query and understood the concept. Here is my answer to this:

Sections 115 to 117 of the Indian Evidence Act of 1872 (IEA) deal with the concept of Promissory estoppel. Promissory estoppel can be defined as a legal doctrine that tends to prevent any person from revoking a promise if another party has relied on it to harm. In the case discussed above, the verbal promise of the bank manager regarding the approval of his loan could call upon this doctrine. For establishing a claim from promissory estoppel, several elements shall be proved.

At the very least, there should be a clear and evident promise, which in this case is the promise of the bank manager to get the loan approved. Secondly, John must show reasonable trust in the promise of the bank manager. By starting the construction of his new bakery based on the promise of the bank manager, John has shown his reliance.

Next, adverse reliance is required. John suffered several losses as he had already invested significant resources and signed contracts with contractors and suppliers. This depicts the fact that his trust in the promise of the bank manager caused detriment. Additionally, it must be shown that the bank would enjoy unjust favors if it withdrew its promise, as John has taken all the required actions based on their commitment.

If John wishes to appeal to the court about the bank, then in that case the court can command the bank to fulfill its promise and approve the loan as well. On the other hand, John could be provided with appropriate compensation for the financial losses due to the breach of contract by the bank. In another scenario, the outcome could be rescission, which would rehabilitate both parties to their primary positions if a loan agreement exists. 

Nevertheless, outcomes in such cases can be volatile. The bank could bring up the fact that the promise was unclear or that John's dependency was unreasonable. Consulting with an attorney would be crucial for John to assess the strength of his case and ascertain the best course of action according to the specifications of his law and his situation.

I hope that I have cleared all your confusion, Feel free to ask for further clarifications.

Thank you.


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