“For promissory estoppel to operate there must be a legal relationship giving rise to rights and duties between the parties; a promise or a representation by one party that they will not enforce against the other their strict legal rights arising out of that relationship; an intention on the part of the former party that the latter will rely on the representation; and such reliance by the latter party. Even if these requirements are satisfied, the operation of the doctrine may be excluded if it is, nevertheless, not “inequitable” for the first party to go back on their promise. The doctrine most commonly applies to promises not to enforce contractual rights, but it also extends to certain other relationships”
“The sum claimed must be due under the contract. This requires the claimant to satisfy any condition precedent to payment, whether that be performance of the entire obligation (subject to the substantial performance qualification), performance of a divisible part of the contract, or the occurrence of some other specific event or condition”
“The above timetable is given as a business estimate only and does not give rise to any contractual obligation as to the performance of Winch” and the Payment Schedule itself which states that: “The Payment Schedule is geared to progression of the Project in accordance with the timetable above”