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Cause, Consideration, Promissory Estoppel, And Promises Under Deed: What Our Students Should Know About Enforcement Of Promises In Historical And International Context, Charles R. Calleros

Charles R. Calleros

The common law theory of promissory estoppel offers a possible avenue for closing the gap between the civil law concept of cause, which supports enforcement of gratuitous promises, and the common law doctrine of consideration, which does not. Students of U.S. contract law, however, may be surprised to learn that – in contrast to promissory estoppel as an affirmative cause of action in the U.S. – English common law recognizes promissory estoppel only as a defensive shield, except in the limited context of promises relating to ownership of land. Further inquiry into the enforcement of promises under common law reveals …