Alternative theories of enforcement

Question 1

Remedies under alternative theories

Answer 1

a. Expectation damages = traditional contract
b. Reliance damages = promissory estoppel
c. Restitution = quasi contract

Question 2

Alternative theories other than a traditional, enforceable contract

Answer 2

PQM - Pouncing Quells Mice

P - Promissory estoppel
Q - Quasi-contract (aka unjust enrichment)
M - Moral obligation & subsequent promise

Question 3

Promissory estoppel

Answer 3

1. Promise
2. Justifiable reliance (definite and substantial action)
3. Detriment (substantial)

FR DJ (Father DJ) was estopped denying existence of the K

F - Foreseeably
R - Reasonably
D - Detrimentally relied on a promise
J - Enforcement required to avoid JUSTICE

Usually applies where gift promises induce action (promise to give church $1M, they spend $100k rehabbing the library)

Reliance damages usually

R2 §90
Drennan v. Star Paving (subcontractor bid)

Question 4

Quasi-contract elements

Answer 4

He inCURREd a detriment outside of a K:

Conferred benefit
Unjustly enriched
Reasonable expectation of being compensated
Reason to know OR
Excuse for conferring w/o D's knowledge

Distinct from implied-in-fact contracts, where there is mutual assent

Question 5

Moral obligation with subsequent promise

Answer 5

Past consideration sufficient where there is a moral obligation.

Webb v. McGowan - P saves employee and D promises to pay sum and does 8 years. D dies and P sues to enforce payments from estate and wins.

Contrast with

Mills v. Wyman - P gave medical care to D’s son, D promised $$ but reneged, P loses. PAST CONSIDERATION invalid.

Difference between the cases, employee-employer relationship, history of payments (P relied upon them) = MORAL OBLIGATION.

Question 6

Quantum meruit

Answer 6

Measures how much payment your work MERITS

Question 7

Implied-in law vs. implied in fact - what do they mean?

Answer 7

Law - quasi contract - D was enriched at P’s expense

Fact - manifested by conduct rather than express agreement

Question 8

Quasi contract damages type

Answer 8

Restitution

Question 9

Quasi contract case example

Answer 9

Cotnam v. Wisdom - Physician-P recovered for emergency medical services rendered

Question 10

What is the main difference between promissory estoppel and a traditional, enforceable K?

Answer 10

Consideration is not necessary for PE.