Precontractual liability

Question 0

Elements of Promissory Estoppel

Answer 0

1) a clear and unambiguous purpose
2) a reasonable and foreseeable reliance by the party to whom the promise was made
3) an injury sustained by the party asserting the estoppel by reason of reliance.

Question 1

RS 90: Promise Reasonably inducing Forbearance or Action

Answer 1

A PROMISE when the promisor should reasonably expect to induce ACTION OR FORBEARANCE on the part of the promisee and which does then induce action or forbearance IS BINDING IF INJUSTICE CANNOT BE AVOIDED only by enforcement of the promise.

This means: if a promise is made and the promisee becomes RELIANT TO THEIR DETRIMENT, repairs can be made to prevent injustice.