Promissory Estoppel
What is the purpose of Promissory Estoppel
applies to promises that are otherwise unenforceable and is invoked to enforce such promises so as to avoid injustice
what is a key problem with option contracts?
Not really followed by the states
What are the key elements of Rest. Restitution 20: Protection of another's life or health?
A person who gives professional services required for the protection of another’s life or health is entitled to restitution from the other as necessary to prevent unjust enrichment, if the circumstances justify the decision to intervene without request
Unjust enrichment under this section is measured by a reasonable charge for the services in question
1. a sale of goods for $500 or more
2. sale of an interest in land.
3. sale of personal property not oterwise covered, to the extent of enforcement by way of action or defense beyond $5,000 in remedy.
1 and 3 are under UCC provisions of the statute of frauds.
2 is not.difference between patent and latent ambiguity?
latent requires extrinsic evidence because ambiguity does not lie in the words
Once I become president of the world I'll decide to donate my artifacts to a good school (not Ivy league), what things would this school need to have to constitute consideration based on the Restatements and cases we've read?
an oral or written promise to do certain acts or to give real or personal property to a charity for a charitable purpose. And reliance on the promisee to receive these things.
can promissory estoppel be invoked to enforce an option contract that is not supported by consideration?
in order for the doctrine of promissory estoppel be invoked as a substitute for consideration the evidence must show all three promissory estoppel elements fulfilled? (Berryman v. Kmoch)
elements of quasi contract that relates to restitution cases
how could a sale of real property be removed from the coverage of the statute of frauds
if an outsider, viewing the totality of the circumstances, could reasonably conclude that an agreement regarding the real property existed (Beaver v. Brumlow)
when one party has reason to know what the other party meant, but the other party doesn't have reason to know the meaning to the disputed language, who's meaning prevails?
The innocent parties. (Joyner v. Adams)
When is reliance detrimental? (based on case we kinda read)
detrimental reliance cannot only be weighed financially – emotional trauma inherent in a supervisor position can constitute reliance
Based on Rest 37, termination of option contracts, how can and can't an option contract be terminated?
Agreement by both parties to terminate.
Can't be by rejection, counter-offer, or death
I decide marriage isn't fun for arbitrary reasons but I've had a GF for 6 years now. She finally gets bored (probably because she has only sat by the swimming pool and watched TV for 6 years) and decides to leave. She discovers my old contracts outline and says she's entitled to the wealth we accumulated over the past 6 years. Is she entitled to the wealth?
No.. She didn't make substantial, uncompensated contributions in the form of property or services
I make a contract with the dude (the big lebowski) in August to help me learn how to bowl. The dude tells me I need to learn to roll joints and smoke them better to be a better bowler. Then in December we sign another contract to help me learn to roll and smoke joints. Based on Rest. Restitution 132, could these two contracts be considered one?
Yes, if a court finds they relate to the same transaction. Probably a jury question. I could argue they both involve me learning to bowl.
who can supply essential omitted terms after the parties have bargained in good faith?
The courts
elements of promissory fraud
Intent on the part of the defendant to deceive the alleged victim.
Justifiable reliance by the alleged victim on the statement and
I hire Erick as a sub-contractor for a job I'm doing. Since Erick only reads history books, he completely messes up the calculations and gives me a low bid, which in turn messes up my total bid. Can I hold Erick liable?
No. Based on Baird v. Gimbel Bros, a sub-contractors bid doesn't suffice as acceptance of the contract
My dumbass son partied so hard one night he ended up on the other side of the country. A good midwest family took care of him and alerted me. I said I'd pay them back for their kind services in a text message, then I decide not to. Can they hold me liable?
A promise based on a moral obligation but made without legal consideration does not constitute an enforceable contract unless it is tied to a preexisting legal obligation
Can promissory estoppel be invoked to enforce an oral contract subject to the statute of frauds?
Yes, it can. The following must be considered: availability of other remedies, forbearance in relation to the remedy, extent of forbearance is clear and convincing, reasonableness and foreseeability of forbearance
what are three exceptions to the parol evidence rule we've read in cases?
open ended Q
If your bank tells you not file bankruptcy because they will try to work out a deal with you. You forgo filing bankruptcy for a while. Nothing comes of the bank's promise; however, your property hasn't been repossessed yet. What elements of Promissory estoppel are likely to be fulfilled or not?
A promise: likely fulfilled
Reliance: likely fulfilled.
Injustice aspect: You could still go file for bankruptcy?
What are the key elements of UCC 2-205 Statutory Limits on the Power of Revocation Firm Offer
offer by a merchant to buy or sell goods in a signed writing.
gives assurance that it will be held open is not revocable, for lack of consideration
3 months unless otherwise stated and signed.
In Webb v. McGowin, how is McGowin's promise supported by consideration and not just past consideration?
The material benefit rule-> If a person receives a material benefit from another, other than gratuitously, a subsequent promise to compensate the person for the rendering such benefit is enforceable
how can a contract falling under the statute of frauds be enforced by partial performance?
indicates parties, quantity, and is signed. And other performance aspects may be considered. (Buffaloe v. Hart)
WTF is Chicken? and why was it such a big deal in that case?
the parties attached a subjective interpretation to chicken and not an objective one.