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Dale v Trustbank Waikato Ltd
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Dale v Trustbank Waikato Ltd : ウィキペディア英語版
Dale v Trustbank Waikato Ltd

''Dale v Trustbank Waikato Ltd'' is an often cited case in New Zealand cases regarding promissory estoppel, requiring that the promise must be unequivocal for this doctrine to be successful.
==Background==
Mr and Mrs Dale jointly owned a house in Tokoroa. In 1987 they successfully refinanced their mortgage with Trustbank Waikato. As part of the mortgage application, Trustbank made it compulsory for them to have mortgage protection insurance, which would pay out the sum of $30,000 in the case of death of one of the parties.
The couple filled out the insurance application, but for unknown reasons, Mr Dale simply put a dash in the date of birth field. Trustbank however, already knew his date of birth, as it was correctly stated in the original mortgage application.
When Trustbank forwarded on the insurance application to the underwriters GRE insurance, they refused to offer any insurance cover, due to the fact that Mr Dale was aged 73, and they did not insure anyone over the age of 55.
Trustbank, now realising this mistake, should have informed the Dales that they had no insurance cover, and not debit their bank account for the monthly premiums. Unbelievably, Trustbank did neither, and even more unbelievably kept debiting the Dale's bank account the monthly premium until Mr Dale died on 19 August 1989.
Mrs Dale, now a widow, then made a claim with Trustbank for the insurance. Trustbank's response was that as GRE had not issued them with an insurance policy, there was no insurance cover, and so no insurance payout would be forthcoming.
Trustbank's Tokoroa manager also claimed at this time that he had verbally advised the Dales earlier that there was no insurance cover, and that the premiums continued to be debited due to a clerical error.
Not happy with this development, and undoubtedly aided by her son who was a solicitor, Mrs Dale filed legal proceedings for breach of contract, breaches of the Credit Contracts Act and the Fair Trading Act, and for promissory estoppel.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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