Flashcards
Promissory Estoppel and Quasi-K/Restitution
Flashcards do conjunto (11)
- 1What 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 - 2What is the one nuance surrounding Promissory Estoppel?Charitable subscriptions are almost always enforceable.
- 3What is the remedy for promissory estoppel?Reliance damages. The aim is to put them in the position that they were in.
- 4What are the two elements for quasi-k/restitution?1. conferral of a material benefit (non gratuitously)
2. Under circumstances in which retention is "unjust" - 5What 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 - 6Describe Knowledge and Consent.This is a contract implied in law. There is no officious intermeddling and no actual promise.
- 7What are the three elements of Promissory Restitution/Material Benefit Rule1. Past services
2. A subsequent promise to repay
3. You pay what you promised unless its disproportionate - 8What are the three elements of the Moral Obligation Doctrine?1. Past contract w/benefits conferred
2. Becomes legally invalid
3. Subsequent promise to repay - 9What 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 - 10What 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 - 11What 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.
Informações
- Descrição
- Final Contracts FlashCards sobre Promissory Estoppel and Quasi-K/Restitution , criado por Abbi Van Hook em 13-12-2015.
- Criado por
- Abbi Van Hook
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