What is the High Trees principle?

Alberta, Canada


The following excerpt is from First City Trust Company v. Triple Five Corporation Ltd., 1989 ABCA 28 (CanLII):

In Combe v. Combe [1951] 2 K.B. 215, Lord Denning at page 220 restated the High Trees principle in the following words: "The principle, as I understand it, is that, where one party has, by his words or conduct, made to the other a promise or assurance which was intended to affect the legal relations between them and to be acted on accordingly, then, once the other party has taken him at his word and acted on it, the one who gave the promise or assurance cannot afterwards be allowed to revert to the previous legal relations as if no such promise or assurance had been made by him, but he must accept their legal relations subject to the qualification which he himself has so introduced, even though it is not supported in point of law by any consideration but only by his word."

Other Questions


What is the general principle of a jury trial? (Alberta, Canada)
What are the legal principles applicable to this action? (Alberta, Canada)
What are the principles used to determine whether a fiduciary relationship exists? (Alberta, Canada)
What are the principles of consistency, autonomy, finality and the value of settlement? (Alberta, Canada)
Can a trial judge be barred from proceeding on the principle that a reasonable apprehension of bias exists? (Alberta, Canada)
In what circumstances will the courts rely solely on the principle of circumstantial guarantee of trustworthiness of a nurse? (Alberta, Canada)
What is the test for invoking the principle of cross-examination? (Alberta, Canada)
Can a public school board recover from negligent misrepresentation pursuant to the principles set out in Hedley Byrne? (Alberta, Canada)
What is the legal principle which applies when there is a mistake of fact on a contract? (Alberta, Canada)
What are the principles used by arbitrators to determine discipline in cases involving safety violations? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.