Consideration Substitutes (Promissory Liability)

Question 1

Promissory Estoppel (Reliance)

Answer 1

Can arise when a party makes a promise and the other party relies on that promise to take some action

Question 2

Promissory Estoppel (Reliance) Elements

Answer 2

1. A promise was made that would be reasonably expected to induce reliance, 2. The promisee does indeed take detrimental action in reliance on the promise, and 3. Injustice can only be avoided by enforcement of the promise

Question 3

Charity Rule

Answer 3

Charities dont need to prove detrimental reliance (the second element) when pursuing a reliance theory to collect on a charitable gift promise.

Question 4

Quasi-K

Answer 4

arises when you would have made a k if you could have but you couldn’t or when one party conferred a benefit on another party, it would be fair to pay for that benefit.

Question 5

Quasi-K Elements

Answer 5

1. The P confers a measurable benefit on the D, 2. the P reasonably expected to get paid, and 3. it would be unfair to let the D keep the benefit w/out paying (look for an opportunity to decline OR good reason why there was no opportunity to decline).

Question 6

Moral Obligation Plus Subsequent Promise

Answer 6

a few juris follow that a moral obligation plus a subsequent promise to pay can be binding; even though generally past consideration is not binding.