LAWS 4175 Lecture Notes - Lecture 4: Quid Pro Quo, Equitable Remedy, Estoppel
29 Dec 2020
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Liability in the absence of bargained-for exchange: reliance on gratuitous promises, A promises to sell b promises to buy. A delivers shoes to b, cost of shoes to a was ,000. What damages can a seek from b: ,000 + consequential damages (shipping, storing, etc. ) This requires there be a contract in the first place. A accidentally sends to c, c promises to send the shoes to b. B then spends advertising a shoe sale. C then decides to sell the shoes himself and doesn"t send the shoes. B can sue both a (breach) and c (promissory estoppel/ reliance damages for ). C has ill-gotten gains (whatever they got that shouldn"t belong to them), a can collect damages for the money c made on the shoes. Restitution (amount of ill-gotten gains/what does that party have they aren"t supposed to have) is least favored, then reliance, then consequential.
