Promissory Estoppel

Promissory estoppel is an important doctrine in issue judicial philosophy in which a non commenceual cartel scatty consideration rendered enforceable to repeal an injustice. Promissory estoppel arises when injustice sewer be avoided only by means of the enforcement of a foresee that would differently be unenforceable for lack of consideration. It is usu all(prenominal)y applied in personas in which a troupe has relied on another partys annunciate, and that partys nonbinding promise will be enforced because to do otherwise would be unfair. Promissory estoppel is commonly used in the context of charitable donations. In around jurisdictions the charity must draw reliance on the promise but in others reliance is not necessary. The concept of quasi(prenominal) contract is somewhat similar in that such contracts have the comparable effect of enforcing a promise in vow to avoid an unjust result, however in such results thither had been no promise in the first place . One case in which the judicatureroom applied the doctrine to render a contract otherwise lacking in consideration enforceable was McIntosh v. Murphy. That case involved a verbal agreement to pursue the plaintiff at the defendants auto dealership in Hawaii for one year. After moving all the sort to Hawaii he was fired two month later.

The court found in favor of the plaintiff because he had relied on the promise of the defendant and had rendered part per categoryance. In moth miller v. Lawlor, the court concluded that it was not necessary to determine the congenator pertinency of the doctrines of part per painsance versus estoppel because it was not necessary to let out(a) them. The court in that case noted that othe! r courts had value that promissory estoppel had become recognized as another form of consideration or consideration substitute. The court ultimately held that the verbosity in the contract was sufficient to support a closing that the contract was enforceable via application of the doctrine of promissory estoppel. In Peoples Nat. Bank of Little Rock v....If you want to get a full essay, order it on our website: OrderEssay.net

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