stylistic:tone
 legal relationship

It remains unsettled whether promissory estoppel may arise in pre-contractual relationships. In the case Brikom Investments Ltd v Carr, a landlord made an oral promise to his tenants that if they bought a 99-year lease to their flats he would repair the roofs of the flats at his own expense. After the leases had been signed by the tenants, the landlord repaired the roof at a cost of £15,000. The landlord then claimed a contribution from the tenants towards the cost of the repairs. The tenants refused to pay because of the promise made. The landlord claimed that Carr could not rely on her promise since she had not acted on his promise because she would have entered into the lease without any such promise having been made. However, Lord Denning was of the view that promissory estoppel may arise from promise made by parties negotiating contracts. Similar views was expressed in Durham Fancy Goods v Michael Jackson, where Donaldson J held that contractual relationship is irrelevant provided that there is “a pre-existing legal relationship which could, in certain circumstances, give rise to liabilities and penalties”.