LAW 601 Lecture Notes - Lecture 4: Estoppel
Document Summary
Promissory estoppel (reliance: promissory estoppel applies when there isn"t a bargain (there"s no consideration present). Therefore, there"s no traditionally enforceable contract: we use this when we think that the promise should be enforced anyway, even though it is a gift promise by definition, plays on notions of justice. The remedy granted for breach may be limited as justice requires: (2) a charitable subscription or a marriage settlement is binding under. This is considered in the likelihood of enforcement: objective standard, should the promisor have seen the reliance coming, (3) the promise must in fact induce actual reliance by the promisee, consider, reasonableness. What is the remedy: expectation measure entire promise. Put promisee in the position that the full performance would have. (typically awarded if all elements are satisfied. Want parties to rely on their good deals. : class note 2016: courts almost always give expectation, reliance measure what the promisee is out.
