Alternative Theories

Question 1

What is promissory estoppel and what are its requirements?

Answer 1

Detrimental reliance leads to one party receiving short end of the stick requirements are There was a promise
, That the promisor knew that the plaintiff would rely on , and that the person receiving the promise must detrimentally change her position in reasonable reliance on the promise

Question 2

What is unjust enrichment and its requirements?

Answer 2

Unjust Enrichment is when One party renders a benefit, The other party knows of and retains the benefit, The benefited party would be unjustly enriched by not paying.
* Remedy when traditional contract and promissory estoppel won’t work
* Does not require mutual assent or consideration
* Does not require a promise

Question 3

What is Promises in Recognition of Past Benefits?

Answer 3

• Common law contract formation requires mutual assent and consideration. In this view when a promise is made for a past benefit the essential element of consideration is lacking because it was not bargained-for. However, in specific instances the courts will recognize and enforce promises made for previous benefits providing a remedy to a party.

Question 4

What is a gift promise?

Answer 4

A gift promise is not enforceable unless it is delivered.