4218262
Description
Flashcards by Abbi Van Hook, updated more than 1 year ago
|
Created by Abbi Van Hook
over 8 years ago
|
|
| Question | Answer |
| What are four elements of promissory estoppel? | 1. Promise 2. Includes an action or forbearance 3. That the promisor should have reasonably expected (1-2) 4. Injustice can only be avoided through |
| What is the one nuance surrounding Promissory Estoppel? | Charitable subscriptions are almost always enforceable. |
| What is the remedy for promissory estoppel? | Reliance damages. The aim is to put them in the position that they were in. |
| What are the two elements for quasi-k/restitution? | 1. conferral of a material benefit (non gratuitously) 2. Under circumstances in which retention is "unjust" |
| What are the unjust situations for quasi-k? | A: situations involving some type of consent: 1. Knowledge and consent 2. Promissory Restitution/Material Benefit Rule 3. Moral Obligation Doctrine B: Situations not involving consent: 4. Quasi-K/K in Law/Constructive K/Unjust Enrichment |
| Describe Knowledge and Consent. | This is a contract implied in law. There is no officious intermeddling and no actual promise. |
| What are the three elements of Promissory Restitution/Material Benefit Rule | 1. Past services 2. A subsequent promise to repay 3. You pay what you promised unless its disproportionate |
| What are the three elements of the Moral Obligation Doctrine? | 1. Past contract w/benefits conferred 2. Becomes legally invalid 3. Subsequent promise to repay |
| What are the three Pelo Factors? | 1. Professional services 2. Necessary to prevent other suffer serious bodily harm or pain 3. It was impossible to give consent |
| What is the Sub-Contractor Test under restitution? | In contracting situations, the person contracted can bring claim to the person receiving the "material benefits" if: 1. The receiver has not paid 2. All efforts to recover from the contracting firm have been exhausted |
| What is the remedy for restitution? | Restitution. Lol. These can be: 1. Quantum meramit: the amount of services. 2. Quantum Valelant: the amount for an item. |
Want to create your own Flashcards for free with GoConqr? Learn more.