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Question 1

What are the elements of promissory estoppel?

Answer 1

• clear and definite promise
• promisor intended to induce/reasonably foresaw reliance by promisee
• promisee actually and substantially relied to his detriment
• promise must be enforced to prevent injustice due to a definite and substantial change of position

Question 2

Can the reliance be by a third-party in order for promissory estoppel to apply?

Answer 2

Yes

Question 3

If you have a written promise for a charitable subscription or marriage settlement, is that binding without proof that the promise induced action or forbearance?

Answer 3

Yes, because it was in writing, only oral promises need detrimental reliance to be enforceable

Question 4

What is it that makes a sub-contractor’s bid temporarily irrevocable?

Answer 4

Promissory estoppel

Question 5

If an employer promises at will employment, but revokes before the employee even shows up, how is that enforceable?

Answer 5

Promissory estoppel

Question 6

A promise based on a moral obligation is enforceable if it was based on what?

Answer 6

A material benefit that was previously conferred if it gave rise to an obligation to make compensation

Question 7

If you save someone’s life, and get hurt very badly in the process, and he promises to pay money for the rest of your life, and does that for eight years, then he dies and his estate refuses to continue paying, is that promise binding?

Answer 7

Yes, because it was based on the material benefit that constituted valid consideration

• R2: only binding to the extent necessary to prevent injustice
• Modern: unenforceable because based on moral/past consideration

Question 8

If a person gets a check for partial payment, what are their two options?

Answer 8

• refuse it

- cash it, and forgo the balance (assented to the check’s terms)

Question 9

What is unjust enrichment?

Answer 9

When a claimant confirms a benefit on someone that makes it unjust for the recipient to keep it without paying for it

Question 10

What is the remedy for unjust enrichment?

Answer 10

Restitution: by returning the benefit or a money judgment

Question 11

What are the elements of unjust enrichment?

Answer 11

• one party is enriched

- it is unfair for him to keep the benefit without compensating the other

Question 12

What are formation defenses?

Answer 12

NICU DIMSUM:

• non-disclosure
• indefiniteness
• lack of capacity
• undue influence
• duress
• illegality
• mistake
• SOF
• unconscionability
• misrepresentation

Question 13

If the contract is in writing, what is a major issue it might raise?

Answer 13

Parol evidence problem

Question 14

If A contract is not in writing, what is a major issue it might raise?

Answer 14

SOF

Question 15

What type of writing is required for a contract?

Answer 15

Any sort that is signed by the party to be charged if it includes essential terms

Question 16

What are considered essential terms for a contract?

Answer 16

• identify the parties
• subject matter
• term/conditions

Question 17

What are some examples of different formats for a contract?

Answer 17

• letter
• formal contract
• fax
• memo written on a napkin

Question 18

Do signatures on the contract need to be hand written?

Answer 18

No, they can be typed, or printed, or initials

Question 19

Where does the signature have to take place on a contract?

Answer 19

Can appear anywhere

Question 20

If a writing has several documents, what is required?

Answer 20

Each must refer to or incorporate the others, or they must be otherwise integrated like physically attached

Question 21

What is the purpose of the statute of frauds?

Answer 21

To prevent fraud/perjury by requiring certain contracts to be in writing, and signed by the party to be charged

Question 22

Who is the party to be charged?

Answer 22

The party against whom enforcement is sought

Question 23

What are the common law and UCC requirements for SOF?

Answer 23

• CL: must be in writing, signed by D, identify all parties, subject matter
• UCC: signed, include quantity term