LAW 601 Lecture Notes - Lecture 64: Surety, Estoppel
Document Summary
Consideration: not prosecute for criminal fraud, and to continue to. Suretyship promise: statutes of fraud . need to have a writing . A reasonable person in the parents" position would. Free will test is subjective, so it"s easier to meet . This is a big problem of proving promissory estoppel . ?----after they do perform, they can force other party to pay . Ped is a consideration contract . it only makes a contract unenforceable if . Ped gives no remedy once they have already performed the promise *that"s why they didn"t try to use it in this case. We undo the contract completely as if it had never been made give full restitution on both sides of the contract . Even if contract has been perfomed on both sides, we can still undo the contract . We are trying to undo the 2nd contract where austin got more money **austin already had to deliver the parts!
