Consideration Substitutes Flashcards
1
Q
Other Theories of Promissory Liability (Consideration Subs)
A
- Promissory Estoppel/Reliance
- Quasi-Contract
- Moral Obligation plus Subsequent Promise
- Seal
2
Q
3 Elements for a claim using reliance as consideration
A
- Promise was made that was reasonably expected to induce reliance
- Promisee does in fact take detrimental action in reliance on the promise
- Injustice can be avoided only by enforcement of the promise
3
Q
There is an exception to showing detrimental reliance for WHAT kind of business?
A
Charities, when collecting on a charitable gift promise
4
Q
3 elements for Quasi Contracts
A
- Plaintiff confers a measurable benefit on the defendant
- Plaintiff reasonably expected to get paid
- It would be unfair to let D keep the benefit without paying
(look for an opportunity to decline or good reason why there was no opportunity to decline)