Class 9 - Promissory Restitution/Moral Oblig.

Question 1

Moral Obligation/Promissory Restitution

Answer 1

Benefit conferred, subsequent promise to pay.

Question 2

Benefit conferred

Answer 2

1. How definite
2. How substantial
3. Does the promise support reality, nature, and extent of benefit.
4. Benefit proportional to promise?
5. Gratuitous?

Question 3

Subsequent promise

Answer 3

1. How formal
2. How much time to deliberate between benefit and promise
3. Has promised been performed significantly?
4. Reliance of promisee?

Question 4

Promise for Benefit Received Restatement §86

Answer 4

1. Promise made in recognition of a benefit previously received by the promisor from the promisee is binding to the extent necessary to prevent injustice
2. Not binding
   a. If the promise is a gift or the promisor has not been UE
   b. Value is disproportionate to the benefit.