Combe v Combe
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''Combe v Combe''
951 Year 951 ( CMLI) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Europe * King Berengar II of Italy seizes Liguria, with help from the feudal lord Oberto I. He re ...
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English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...
case on
promissory estoppel A promise is a commitment by someone to do or not do something. As a noun ''promise'' means a declaration assuring that one will or will not do something. As a verb it means to commit oneself by a promise to do or give. It can also mean a capacity ...
. An ex-wife tried to take advantage of the principle that had been reintroduced in the High Trees case to enforce her husband's promise to give her maintenance. The Court held that promissory estoppel could not be applied. It was available only as a defence and not as a cause of action.


Facts

Mr and Mrs Combe were a married couple. Mr Yasser M Combe promised Mrs Radhika M Combe that he would pay her an annual maintenance. Their marriage eventually fell apart and they were divorced. Mr Combe refused to pay any of the maintenance he had promised. Seven years later Ms Combe brought an action against Mr Combe to have the promise enforced. There was no
consideration Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. The court in '' Currie v Misa'' declar ...
in exchange for the promise and so no contract was formed. Instead, she argued promissory estoppel as she had acted on the promise to her own detriment. At first instance the Court agreed with Mrs Combe and enforced the promise under promissory estoppel. However this decision was then appealed.


Judgment

Denning LJ Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when ...
reversed the lower court decision and ruled in favour of Mr Combe. He elaborated on the "Rule in High Trees House", Stating the legal principle, Denning wrote, He stated the estoppel could only be used as a "shield" and not a "sword". In the '' High Trees case'', there was an underlying cause of action outside the promise. Here, promissory estoppel created the cause of action where there was none. In this case, the court could not find any consideration for the promise to pay maintenance. He further stated that the ''High Trees'' principle should not be stretched so far as to abolish the doctrine of consideration, {{Cquote, " e doctrine of consideration is too firmly fixed to be overthrown by a side-wind....it still remains a cardinal necessity of the formation of a contract". While it may be true that the wife did forbear from suing the husband on the arrears for seven years, this forbearance was not at the request of the husband. He held that in the absence of proof of any request, express or implied, by the husband that the wife should forbear from applying to the court for maintenance, there was no consideration for the husband's promise. Moreover, even if the wife had promised to not apply to court for maintenance, there would have been no consideration, because one cannot waive the statutory right to apply for maintenance.


See also

*'' Walton Stores (Interstate) Ltd v Maher'' Lord Denning cases English enforceability case law English estoppel case law 1951 in British law Court of Appeal (England and Wales) cases 1951 in case law