Promissory Estoppel Flashcards
Promissory Estoppel predates the bargain model. True or false?
True.
Promises can be enforced without consideration. True false?
True.
Explain the rule for promissory estoppel; and
identify evidence key for alleging promissory estoppel
Class objectives
Employer promises to pay employee pension of $500 a month upon retirement. Employee retires when it’s too late to get another job. If the employer refuses to pay, what recourse does the employee have?
Maybe promissory estoppel or contract. Need more information.
Ricketts v. Scothorn (SC of NE; 1898)
If you make a promise that is reasonably relied upon, this promise can be enforced.
What is a just remedy under the reliance method of understanding promissory estoppel? How is this different than contracts?
The remedy is to make the harmed party whole whereas a breach of contract is usually the enforcement of that promise.
What is promissory estoppel?
Promise
Reasonable
Reliance
Injustice
State Bank Standish v. Curry
Rule: When you’re evaluating a contract in this context, you need to take into account the position of the person.
The UCC rule for promissory estoppel is arguably more flexible than the common law rule for promissory estoppel. True or false.
True
Always assume that the only facts are in the decision.
False. A decision mostly uses their decision to justify their conclusion.
Strict Promissory Estoppel
Promise must be as definite, comprehensive, and unequivocal as an offer.
No offer = no promise.
Alternative only when no consideration.
Flexible Promissory Estoppel
A promise doesn’t have to be as comprehensive as an offer.
Alternative whenever any contract element is missing.
The contract model is inadequate to evaluate trust.
Express statements are necessary.
Alden v. Presley
Part of you has to change the position.
