Restatement 90

Question 1

Promissory Estoppel can serve as two things. What are they?

Answer 1

1. A replacement for consideration

2. Its own cause of action

Question 2

Which case is considered the “birth” of promissory estoppel?

Answer 2

Allegheny v. National

Woman paid money for her name to be memorialized, the college tried to go back on their promise

Question 3

When Promissory Estoppel is a replacement for consideration, when is it allowed?

Answer 3

When the plaintiff’s reliance on a promise from the defendant changes the actions of the plaintiff (Universal Comp. v. BCBS)

Question 4

When Promissory Estoppel is its own cause of action, what’s the first element?

Answer 4

1. A promise that’s relied upon by the promisee

Question 5

When Promissory Estoppel is its own cause of action, what’s the second element?

Answer 5

2. The promise substantially changes the behavior of the promisee

Question 6

When Promissory Estoppel is its own cause of action, what’s the third element?

Answer 6

3. The reliance on the promise results in a great injustice to the promisee

Question 7

What is the seminal case regarding Promissory Estoppel?

Answer 7

Hoffman v. Red Owl

Question 8

What is the controversy surrounding promissory estoppel?

Answer 8

The fact that there can still be a contract even when there’s no consideration (typically isn’t the case for contracts)