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Definition
| Woman moves her family to Alabama and then gets kicked off land. Court rules against her. Detrimental reliance is not sufficient consideration in itself (particularly between families) NOTE: This issue gave rise to estoppel. |
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Term
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Definition
| Woman moves her family based upon a promise of a grandfather who dies. -Establishes estoppel, a policy argument designed to promote equity and precludes making a "want of consideration argument". |
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Definition
Crazy lady taken care of by brother in law, years later bro tries to enforce restitution. Court holds nay. -Implied in law-restitution-quasi contract (SAME THING)
You must have a: Benefit Conferred, Benefit Retained, Expectation of payment and it must not be officious (NO EXPECTATION OF PAYMENT HERE). |
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Term
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Definition
| Horse cared for by non-owner, tries to have restitution enforced. Held that care was a voluntary act because it was not reasonable that he expected to be paid for it. Rule: restitution requires a non-officious act where you expect to be paid. This was officious |
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Term
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Definition
| Oil wells, first owner bails, the subcontractors want enforcement of debts. Rule: Estoppel is about preventing unjust enrichment. Party must have received something of value which he was not entitled to and which he must restore. (applies even when no contract directly exists between two parties). |
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Term
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Definition
1) Benefit Conferred
2) Benefit Retained
3) Expectation of payment
4) Not officious |
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