Report No. 108
4.2 Views of the Law Commission.-
Our views are as follows:
(a) In view of the recommendation already made in the Thirteenth Report of the Law Commission, promissory estoppel may be allowed to be used as cause of action.
(b) The doctrine can be used against the government in its business and property activities. The position in this area is not similar to that of tortious liability where the distinction unfortunately is perpetuated by the courts themselves. To invoke the doctrine of promissory estoppel against the government in its governmental activities would be making the government and its agencies (public bodies) ineffective, and, therefore, it is that we are recognising this dichotomy in this field.
(c) On this aspect we are of the view that there should be detriment in the sense explained by Mr. Justice Dixon above, that is, the person to whom the representation or promise is made, is likely to suffer some damage or loss if the person making the representation or promise is allowed to go back on his representation or promise.
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