Promissory Estoppel

Question 1

Restatment 90:

Promise reasonably inducing action or forbearance

Answer 1

A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires.

Question 2

A charitable subscription or a marriage settlement….

Answer 2

is binding under Subsection (1) without proof that the promise induced action or forbearance.

Question 3

what to look for…..

Answer 3

some form of Detrimental Reliance

Question 4

4 thing want in detrimental reliance analysi

Answer 4

1) promise by promisor
2) Foreseeable reliance by the promisee
It is foreseeable by the promisor – an average reasonable person in the promisor’s position would know that the person would rely
(3) Actual reliance
(4) Justice requires enforcement of that promise
Because of the foreseeable and actual reliance, the promisee who actually committed this reliance has changed his position in some way and if we do not award money to this person then it would result in an injustice.