Promissory Estoppel Flashcards
Promissory Estoppel
Allows reliance damages for a party who reasonably relied on the promise even when a contract was not formed
A promise on which there is a foreseeable reliance
Does not have to be so definite as to rise to the level of an offer
Promisee relies on the promise to their detriment
Proof that the promise-induced action or forbearance is not needed in marriage settlements or promises to charities
Injustice can be avoided by enforcement of the promise
Expectation damages put a party in the position they would have been in had the contract been performed; if the contract is too vague, damages will be awarded to place a party in the position they were in before agreeing to the contract
Construction bids
Promissory estoppel can be found in bids where a contractor relied on a subcontractor to do a job for a certain amount of money
Quasi-contract
Implied-in-law contract prevents unjust enrichment when there is no contract or when there is a failed contract