Legislating promissory estoppel in Malaysia / Nur Hafiza Jemi … [et al.]

This research has been conducted to analyse the existing legal framework in Malaysia governing the doctrine of promissory estoppel, where, special references have been made to the legal position in Australia and United States of America. This research aims to examine the adequacy in Malaysian law regarding the existing law which is still in need to be revised in order to handle cases such as detrimental reliance upon the promise. This study also reveals how the United States of America are craving for the existence of a specific statutory provision for the land in order to uphold and serve the justice fairly. The continuing evolution of promissory estoppel starts with the first phase, which dated back to as early as the 16th century under the notion of reliance as an acceptable element of contract law. The reliance notion is shown to be a thriving alternative to the contractual element of consideration throughout the study. It has also been revealed that the evolution of promissory estoppel in Malaysia did not end with its formal promulgation but continues to be developed by the common law courts. Thus, a collective study between Australia, Malaysia and United States of America has been carried out in this study to determine the present parameters of promissory estoppel where it is found may develop this doctrine to further levels.