A lender that issues account statements debiting interest at a lower contractual rate and accepts payments at that rate does not thereby elect to forgo its entitlement to charge at the higher contractual rate, provided the statements contain an appropriate reservation of rights. A borrower is not entitled to assume that because a lender acts in a particular manner in one transaction, it will act similarly in another — such conduct is not clear and unambiguous for the purposes of promissory estoppel.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
3 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.