LAW410A- Midterm Exam Guide - Comprehensive Notes for the exam ( 14 pages long!)

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Before a contract can be enforced, there must be a benefit to the promisor or detriment to the promisee. No consideration if the promise is not: (1) requested & (2) not explicitly stated: not explicitly stated along is not fatal. Seriously made promises does not count as consideration, but may still be relevant. Promissory estoppel is a shield and not sword (no cause of action alone) Rare that consideration is an issue, rarely successful (charity, promise to accept less) Must provide something of economic value given in exchange for promise. Must be a benefit to promisor or detriment to promise (made at the promisors request) No consideration -> naming hospital was probably a benefit, but not requested by promisor. It was not the price paid for her promise to pledge. Not all contracts have to be written (think of daily activities) Naming the hospital was in explicitly in the pledge, nor was it requested by promisor.