NY BAR REVIEW 20 Flashcards
congress power to spend for wha?
general welfare
art 1 sec 8
congress may spend to provide for common defense and general welfare
spending for what?
any public purpose, not merely accomplishment of other enumerated powers
congress may regulate states by
imposing explicit conditions on the grant of money to state or local governments
conditions wont violate 10th amm merely bc congress lacked power to directly regulate activity that is the subject of spending program as long as conditions are what?
clearly stated, related to purpose of program, not unduly coercive
as long as congress is not inducing states to do something that would not be within their constitutional power, congress can indirectly what?
regulate activities that it could not regulate directly by imposing conditions on grant of money to states
making grant of money to a state conditional on state’s taking governmental action does or does not violate 10th amm?
NOT
recover on a promissory estoppel theory
bc interests of justice require
under majority view consideration is not necessary to make an agreement at least partially enforceable where facts indicate that promisor should be what?
estopped from NOT performing
under 2nd restatement, a promise is enforceable to extent necessary to prevent what?
injustice if promisor should reasonably expect the promise to induce action or forbearance and such action or forbearance is in fact induced
did not warn the church that the employee had the right to change his beneficiary and should have reasonably expected that the church what?
rely on promise in some way. not necessary in charitable contribution cases that promisor know of a specific expenditure that the recipient made or is going to make
an intended 3rd party beneficiary can prevent contracting parties from what?
rescinding or modifying the contract once his rights have vested
vesting occurs when?
when beneficiary manifests assent to the promise in a manner invited or requested by the parties.
brings suit to enforce promise.
or
materially changes position in justifiable reliance on promise.
church’s receipt of letter, without any action on its part, is sufficient or not to vest its rights as a 3rd party beneficiary?
NOT
employee had power to change beneficiary of benefict plan does or does not affect liability company incurred to church under promissory estoppel theory?
NOT
