Term
| True or false: A promise, in and of itself, is legally binding? |
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Definition
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Term
| What are the two principal ways promises become legally binding? |
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Definition
| Promise is part of a contract and the doctrine of promissory estoppel. |
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Term
| What is the principal feature of a contract? |
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Definition
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Term
| What is the principal feature of the doctrine of promissory estoppel? |
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Definition
| Detrimental reliance on the promise by the promisee. |
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Term
| What are the elements of a claim for breach of contract? |
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Definition
| (1) The formation of a contract; (2) the occurrence of any conditions to the defendant's duty to perform or that the non-occurrence is excused; and (3) a repudiation or breach. |
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Term
| What are the elements of a claim for promissory estoppel? |
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Definition
| (1) A promise; (2) the promisor should reasonably have expected the promisee to detrimentally rely on the promise; (3) the promisee in fact detrimentally relied on the promise; (4) a repudiation or breach of the promise; and (5) injustice can be avoided only be enforcing the promise. |
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Term
| What is the principal characteristic of a quasi-contract? |
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Definition
| Avoidance of unjust enrichment. |
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Term
| What are the elements of a quasi-contract claim? |
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Definition
| (1) The defendant has been enriched (2) by the plaintiff and (3) it would be unjust for the defendant to not pay the plaintiff for the benefit received. |
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Term
| When is it unjust to not pay for a service that has been provided? |
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Definition
| (1) The actions of the person providing the benefit were not officious and (2) a reasonable person in the position of the recipient would believe the benefit was provided with an expectation of compensation. |
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Term
| What is the majority rule with respect to a promise under seal? |
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Definition
| The seal does not make it legally binding. |
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Term
| What is the minority rule with respect to the legal enforceability of a promise under seal? |
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Definition
| A written promise under seal that is delivered to the promisee is legally binding. |
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Term
| What is the UCC rule with respect to a promise under seal? |
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Definition
| The seal does not make the promise legally binding. |
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Term
| What factors are important in deciding whether, under the doctrine of promissory estoppel, injustice can be avoided only be enforcing the promise? |
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Definition
| (1) The reasonableness of the promisee's reliance; (2) whether the reliance was of a definite and substantial character; and (3) the formality with which the promise is made. |
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Term
| Does a quasi-contract include an actual promise? |
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Definition
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Term
| What phrase do courts often use to refer to an implied-in-fact contract or a quasi-contract when the plaintiff provided services to the defendant and is seeking to recover the reasonable value of those services? |
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Definition
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