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Question about SOF and PE

Posted: Sat Dec 02, 2017 6:43 pm
by muscleboundlaw
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?

Re: Question about SOF and PE

Posted: Sat Dec 02, 2017 8:34 pm
by Giro423
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.

Re: Question about SOF and PE

Posted: Sat Dec 02, 2017 8:44 pm
by cavalier1138
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.

Re: Question about SOF and PE

Posted: Sat Dec 02, 2017 9:30 pm
by muscleboundlaw
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.

Re: Question about SOF and PE

Posted: Sun Dec 03, 2017 9:08 pm
by muscleboundlaw
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

Re: Question about SOF and PE

Posted: Sat Dec 09, 2017 12:09 pm
by Giro423
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.