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Literature review Pinnels Case was criticized of its unfairness judgment because Pinnel could go back on his promise that he had made to Cole There were 4 main criticisms responded to this rule which were stated by Hickling The first criticism is that The Rule Of Pinnels Case is a dictum However it had been used for 200 to 300 years until Dening J developed the promissory estoppel Next it is also criticized as it illegally extended the doctrine of consideration from creating a contract to modifying a contract The doctrine of consideration wont consider the past intention but The Rule Of Pinnels Case wont consider the future intention However in Khourys Yamounis views the court modified the doctrine of consideration and never revoked the rule in 200-300 years were because there was too much uncertainty in the future and the court was forced not to follow the doctrine Thirdly it is criticized as it will only produce ridiculous results if the promisor and promisee are left to put their own values on things as consideration can be anything Lastly The Rule Of Pinnels Case is criticized as it has no relation with commercial practice It is because a lower value of thing can substitute the higher sum of payment It is better for a creditor to receive a lower sum of money or to let the debtor facing bankruptcy In conclusion although there are weaknesses in The Rule In Pinnels Case it isnt completely useless because the judgment held at that time was forced by the environment and uncertainties Synopsis Consideration is one of the essentials that constituted a contract It has to move from the promisee however it need not move to the promisor A past consideration isnt acceptable In the Pinnels Case the court held that Cole had to pay the outstanding sum to the Pinnel because of the
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