C3. Alternative theories of recovery: Promissory estoppel & unjust enrichment Flashcards
What is the elements for promissory estoppel?
1) a promise
2) made by the promisor for that promise to induce an action or forbearance by the promise
3) induces actual action or forbearance
4) injustice can only be avoided by enforcement of the promise
What is the Restatement 2d Contract Sec. 90 regarding promissory estoppel
1) does not require a promise to reasonably rely
2) shows that the promisor should reasonably expect the promise to cause action (*looking at the promise as a reasonable person)
3) usually looking at reliance damages
What is the majority opinion regarding employment-at-will under promissory estoppel?
Cannot be used based on the 4th element of promissory estoppel because how is injustice done when nothing is certain
What is the elements for equitable estoppel?
1) a person makes a statement of fact to another
2) the other reasonably relies on that statement of fact
3) and the reliance results in some detriment
What is an equitable estoppel?
A statement was made that in and of itself shows a bargained for exchange
*if one reasonably relies, in good faith, on a gift promise it may be made enforceable
What is unjust enrichment?
An equitable doctrine that a person shall not be allowed to profit or enrich himself inequitably at another’s expense. It applies when a person has something of value at another person’s expense, under circumstances that impose a legal duty of restitution
What are the elements of unjust enrichment?
1) A benefit conferred on one’s person by another;
2) an appreciation or knowledge by the conferee of the benefit; and
3) the acceptance or retention of the benefit under such circumstances as to make it inequitable for the conferee to retain the benefit without payment of its value
What is an officious intermeddler?
A person who confers a benefit on another without being requested or having legal duty to do so, and who therefore has no legal grounds to demand restitution for the benefit conferred
What is the policy of physicians and surgeons under unjust enrichment?
It make an exception for them to recover for their services when they perform such services on a seemingly unconsenting person.
What is public policy for physician and surgeons under unjust enrichment?
We prefer a rescue mentality to preserve the lives of others. If we did not allow the doctors to impose their will on unconscious unconsenting people, they may die. We prefer to rescue these people.
