Chapter 3 A Promissory Estoppel

Question 1

§90 Promise Reasonably Inducing Definite and Substantial Action

Answer 1

A promise which the promisor should reasonably expect to induce action or forbearance of a definite and substantial character on the part of the promisee and which does induce such action or forbearance is binging if injustice can be avoided only by enforcement of the promise

Question 2

Harvey v. Dow

Answer 2

Promissory estoppel could be applied to a unexpressed promise, such as a gift of a parcel of land, if substantial improvements (such as building a house [constituting valuable and permanent improvement]) have been made on reliance of said promise such that to deny the promise would be unjust and inequitable, notwithstanding the indefiniteness of the contract/promise and that mere detriment is insufficient. Furthermore, that the promise relied on need not be express, but implied by the party’s conduct.