Promissory Estoppel

Question 1

Elements of Promissory Estoppel

Answer 1

1. Clear and definite promise.
2. Promisor intended to induce reliance.
3. Promisee relied to her detriment.
4. Promise must be enforced to prevent injustice.

Question 2

Conrad v. Fields

Answer 2

Fields couldn’t afford law school, Conrad agreed to pay her tuition if she quit her job. Court held that Conrad was liable for tuition.

Question 3

Feinberg v. Pfeiffer Co.

Answer 3

Feinberg was promised a pension on retirement. She retired because of this promise.

Question 4

Neiss v Ehlers

Answer 4

(1) Promissory estoppel can only become necessary as a remedy for an underperformed promise if no traditional contractual remedy is available for the nonperformance.
(2) An agreement to agree is not enforceable.

Question 5

In re marriage of Pyeatte

Answer 5

• Agreement for one to work and support the other while the other was in law school.
• Husband graduated law school, wife had not started school.
• Court held that unjust enrichment

Question 6

Implied Gratuity

Answer 6

In some cases (husband and wife, family members) there are implied-in-law contracts presuming gratuitous services between one another. This is not the default for non-family members (ex. Zent).