Contract Claims And Remedies

Question 1

Elements of Promissory Estoppel

Answer 1

1. A promise
2. Promisor reasonably expects promise to induce action or forbearance
3. Promisee or third party does act or forbear
4. Injustice can only be avoided by enforcement of promise

Question 2

Elements of Charitable Subscription

Answer 2

1. Promise made to charitable institution AND

2. Consideration or reliance

Question 3

Elements of Restitution

Answer 3

1. A benefit conferred on defendant unofficiously AND
2. Defendant has knowledge of benefit
3. Defendant retains benefit AND
4. Unjust enrichment

Remedy is usually quantum meruit

Question 4

Define Quantum Meruit

Answer 4

As much as he deserves (for services)

Question 5

Define Quantum Valebant

Answer 5

As much as they are worth (for goods)

Question 6

Elements of Restatement Restitution

Answer 6

1. Acted unofficiously and with intent to charge thereof AND
2. The things or services were necessary to prevent the other from suffering serious bodily harm or pain AND
3. The person supplying them had no reason to know that the other would not consent to receiving them, if mentally competent AND
4. It was impossible for the other to give consent or, because of extreme youth or mental impairment, the other’s consent would have been immaterial.

Question 7

Elements of Promissory Restitution

Answer 7

1. After a benefit is conferred
2. Promise of payment is made

Issues because this falls under past consideration = no K

Question 8

Analysis of Statute of Frauds

Answer 8

1. Is the statute of frauds applicable?
2. If yes to 1, is the statute of frauds satisfied?
3. If no to 2, are there any exceptions?

*For this class only memorize K must be in writing if performed over a year and/or the K for the sale of goods must be for over $500