WEEK6: Promissory Estoppel; Restitution; Promissory Restitution; Duress; Misrepresentation

Question 1

Promissory Estoppel

Answer 1

Promissory Estoppel can be applied in a variety of ways to make *enforceable what would other wise be an *unenforceable promise, when that *promise has been *relied on. (un-bargained for reliance)

Question 2

Restitution

Answer 2

Restitution requires that a person return what that person has unfairly gained. Thus it is often said to serve the principle of preventing “unjust enrichment.”

To recover in restitution, plaintiff must show:

1. that plaintiff conferred a benefit on the defendant; and
2. that it would be unjust to allow the defendant to retain the benefit.

Question 3

Duress (economic)

Answer 3

The concept of duress includes myriad forms of economic *coercion which force a person to *involuntarily enter into a particular transaction. The test is whether the will of the person induced by the threat was overcome rather than that of a reasonably firm person.

Question 4

Misrepresentation

Answer 4

knowledge of *falsity. reckless disregard