Quick Question about consideration/ PE

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muscleboundlaw
Posts: 186
Joined: Tue Oct 15, 2013 9:20 pm

Quick Question about consideration/ PE

Postby muscleboundlaw » Thu Nov 30, 2017 2:35 pm

Just wanted to know if I am looking at this right:

Assume a scenario where a P/D argue consideration of an argument. If consideration is affirmed, then that means the court argue that there has been a bargain in place.

Does promissory estoppel come into play where there was some kind of undue hardship that was never compensated by the promisor?

The reason why this is tripping me up is that, normally, parties are disputing payment when arguing for consideration. I will give you material for free, but you have to dispose it (this has consideration, benefit to promisor, detriment to promisee).

Assume scenario where the material causes some kind of issue on the job you're working on (as the promisee in original scenario), and you patch it up but want to recover costs- is that where you can then use PE?

SomewhatLearnedHand
Posts: 86
Joined: Thu Nov 16, 2017 3:44 pm

Re: Quick Question about consideration/ PE

Postby SomewhatLearnedHand » Thu Nov 30, 2017 2:41 pm

Promissory Estoppel is considered an equitable off contract claim which doesn't require consideration. If there is no consideration, argue for PE.




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