Savings Doctrines

Question 1

Promissory Estoppel (CL) elements

Answer 1

1. A promisor makes a promise with the reasonable expectation that the promise will rely on it
2. promisee reasonably relies on the promise
3. Promisee incurs a detriment as a result

Question 2

Promissory estoppel remedy

Answer 2

Full enforcement of the promise

Question 3

Reliance (Restatement 90)

Answer 3

The same elements as promissory estoppel

Question 4

Reliance (Restatement 90) Remedy

Answer 4

the amount lost as a result of the reliance (out of pocket loss)

Question 5

Moral Obligation (CL)

Answer 5

In extreme circumstances a promise made in recognition of a past benefit will be binding despite the absence of consideration

Question 6

Moral Obligation, past consideration

Answer 6

a benefit conferred or a detriment suffered prior to the making of a promise (remember exceptions)

Question 7

Moral Obligation elements

Answer 7

extreme benefit, extreme detriment, subsequent promise is made in response to the previously conferred benefit

Question 8

Webb v. McGowin

Answer 8

Moral obligation is sufficient to support a subsequent promise to pay where the promisor has received a material and substantial benefit

Question 9

Quasi- Contracts (restatement 86 version of moral obligation) elements

Answer 9

promisor has previously received a non-gratuitous benefit from the promisee and promisor makes a promise in recognition of the benefit

Question 10

Moral Obligation remedy

Answer 10

full enforcement of the promise

Question 11

Quasi-contract remedy

Answer 11

the promise is binding to the extent necessary to prevent injustice

Question 12

Unjust enrichment

Answer 12

Occurs when one person is economically enriched at the expense of another in circumstances that the law sees as unjust (the court will typically find an implied in law contract)