Equitable Remedies - Another equitable remedyo Promissory estoppel when no “consideration” and thus no contract- Promissory Estoppelo Three Elements Should promisor reasonably expect reliance Did the promisee reasonably rely Enforcing promise is only way to avoid injustice- Promissory Estoppel – Example 1o Harvey v. Dow: build house on family lando Can daughter obtain ownership Contract analysis fails in this situation o Court Yes-three elements of promissory estoppel are meto Three elements of promissory estoppel- Example 2o Church: elderly couple promises fundso Enforceable promise?o Court No contract claim but promissory estoppel can provide justice- Common Lawo Equitable remedies show flexibility of courtso Contract claims are more reliable o Equity for “sophisticated” business vs. “disadvantaged’ partiesCapacity - Three areas o Minorso Mentally disabled- The Riskso Know when to ask questionso Void contracts: automatically unenforceableo Voidable contracts: one party may choose not to be bound by contract - Capacity o A 17-year old buys an expensive car o May “disaffirm” the contract Before or after turning 18 Exception for “necessaries”o Can’t disaffirm after minor “ratifies” the contracto If disaffirmed, court may apply “rescission”- Illegality-Example 1o Not always as obvious as criminal actiono Architecture firm in Washington D.C.o Enforceable contact?o Court No contract, due to public policy concern over
View Full Document
Unlocking...