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LGST 101 Lecture 21

Agreements that dont need considerations o promissory

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Agreements that don’t need considerations o Promissory estoppel Means although there may not otherwise be a enforceable contract, because one party has relied on the promise of the other, it would be unfair not to enforce the agreement Several elements required Cannot have consideration Must rely on what offeror said, and make a substantial change in your life Offeror should have expected this (should have known this would happen) Proximate cause To avoid injustice, you must honor promise Example Woman was on tenure-track at Georgetown Normally to obtain tenure, you have five years to prove yourself (act as if you were tenured, and do what a tenured professor would do)
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o At the end of those five years, committee gives tenure to some and not to others o If you are denied tenure, you get one more year of employment (meant for while you search for other employment) This woman interviewed at St. Louis o Met with dean of faculty o Dean said he can’t offer woman position now, since president wasn’t there But he said that she was pretty much guaranteed position He made a promise There was no contract, since there was no consideration So the woman leaves Georgetown, goes to St. Louis o But St. Louis doesn’t recognize her as a professor So she sues based on promissory estoppel – look at five requirements o Was no consideration o Woman relied on what offeror said, and made a substantial change in her life o Offeror should have expected this (should have known this would happen) o Proximate cause o To avoid injustice, they could either Give the woman money Give her the job Example Mainline – built around the old PA railroad o People would take train to go to work o People who lived on mainline were wealthy There was a family from mainline o Many members of this family went to Penn o The son graduates from high school, but decides not to go to Penn Grandfather comes to him, tells grandson that he would pay all expenses if he went to Penn So grandson goes to Penn, but then, grandfather refuses to pay tuition Grandson sues based on promissory estauple – look at five requirements o Was no consideration o Grandson relied on what grandfather said, and made a substantial change in his life
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o Offeror should have expected this (should have known this would happen) o Proximate cause o To avoid injustice, you must honor promise Grandfather had to pay expenses Not because there was a contract, but because there was this promise Case o We have a sale of land o Seller says here is the price, you have until Friday o
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