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Thursday, February 28, 2019

Promissory Estoppel Essay

Sometimes an agreement without consideration will be enforced. This happens when a previse which foreseeably induces promisee to act or forebear becomes binding because injustice can still be avoided by enforcement of the promise.PromiseA promise is an assurance, in whatsoever form or expression that a thing will or will not be done.Actual RelianceThe promisee must really and justifiably rely on the promise by the other.DetrimentPromisee must have relied on the promise to his detriment.Foreseeable RelianceThe promisees confidence must be reasonably foreseeable to promisor.Injustice Cannot be AvoidedIn deciding if injustice can be avoided courts will consider1.Availability and adequacy of other remedies, particularly restitution or cancellation.2.The definite and substantial guinea pig of the follow up or forbearance in relation to remedy sought.3.Extent to which the action or forbearance corroborates evidence of the making and terms of the promise.4.Reasonableness of action or forbearance.5.Extent to which the action or forbearance was foreseeable by promisor.

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