Question about SOF and PE

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

Question about SOF and PE

Postby muscleboundlaw » Sat Dec 02, 2017 6:43 pm

Hey guys,

Quick question:

I know that Promissory estoppel can be brought up as a counter to a contract that fails because of a SOF defense. If I had a SOF essay question, should I bring up this fact or are there only a few circumstances where this is relevant?

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Giro423
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Re: Question about SOF and PE

Postby Giro423 » Sat Dec 02, 2017 8:34 pm

muscleboundlaw wrote:Hey guys,

Quick question:

I know that Promissory estoppel can be brought up as a counter to a contract that fails because of a SOF defense. If I had a SOF essay question, should I bring up this fact or are there only a few circumstances where this is relevant?


My understanding is that a minority of courts will allow it as an exception to SOF if found, but these courts require a higher degree of certainty that PE actually existed than would be required if bringing PE as a cause of action. (like 75% rather than 51%). Most courts will not allow it as an exception. Moreover, the reliance probably needs to be more than just money spent. Beginning to build on a piece of property might do it though (at least it did in the case we read). I would bring it up if it seemed like an option a party might try and raise. Probably not a big deal though, unless your professor made it one.

cavalier1138
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Re: Question about SOF and PE

Postby cavalier1138 » Sat Dec 02, 2017 8:44 pm

Giro423 wrote:Probably not a big deal though, unless your professor made it one.


This is the key point. You can't ask questions like this on a forum, because it's entirely professor-dependent.

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

Re: Question about SOF and PE

Postby muscleboundlaw » Sat Dec 02, 2017 9:30 pm

cavalier1138 wrote:
Giro423 wrote:Probably not a big deal though, unless your professor made it one.


This is the key point. You can't ask questions like this on a forum, because it's entirely professor-dependent.


Fair enough. He did go over it, so I will bring it up. Thank you both for your advice.

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

Re: Question about SOF and PE

Postby muscleboundlaw » Sun Dec 03, 2017 9:08 pm

E-mailed prof. He was nice enough to let me know to definitely bring it up.

I come to you guys so you could lead me in the right direction of where to go :D

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Giro423
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Re: Question about SOF and PE

Postby Giro423 » Sat Dec 09, 2017 12:09 pm

muscleboundlaw wrote:E-mailed prof. He was nice enough to let me know to definitely bring it up.

I come to you guys so you could lead me in the right direction of where to go :D


Glad you figured it out. Good luck with your exams.




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