person in the situation of the actual plaintiff doWhat would a reasonable person in plaintiff's shoes take the promise to mean given the circumstances?Modified objective standardCommon Law --> most of the common law still exists UCC, R2d, exceptions to C/L rules or even overturning whole doctrinesPoint-in-time approachPointing out when exactly contract was formed UCC 2-207, 2-204 - conduct, context, reasonable expectations, reliance-Says we do not have to pinpoint the exact point of contract, look at all these other factors to determine contract^^Mirror image rule-terms haveto match exactly for there to be an offer UCC 2-207- separate formation and termsSeparate formation from issue of terms so we can tell a contract has been formed just y the fact that they have been acting like there is a contract and
then we can figure out terms as a separate matter Offers revoable until acceptance unless (nominal, recital) consideration for optionExceptions for signed writing under UCC reliance, R2d87(2), part perform R2d 45Definiteness-K must contain all terns to be engorceableJust have to be definite enough to enforce remedy- justneed a way to figure out (or could enforce through section 90 w/out assent Has a contract been formed?What is the basis for enforcement? (Van Brunt exercise) --> figure out core issue oConsideration/bargainIf you can find a bargain, this is best case for your clientWhat are you looking for> is there a bargain?a.Promise or performance induced by other party's promise Was there mutual inducement?oR2d 86 Consideration for past benefitSame as a restitution situation BUT you have a promise after the factso the remedy notice is differentEnforcing the promise that was made afterwardsMcGowin -->court said that he would still have to pay pension for guy that saved his life Emergency situation test:a.Was there opportunity to bargain?b.Was the benefit a gift or unjust enrichment?c.Was there value to the benefit? --> not imposed on party R2d Promissory Estoppel oRule: Reliance Test Has to have a promise or something that looks like a promiseRely on promise to their detriment --> forbearance of legal right Promisor could reasonably expect promisee to rely on promise to their detriment Has to actually induce this forbearance The only way to ensure justice is to enforce the promiseRestitution oRemedy: restitution--> returning the benefit conferred No other time to make contract but if there was, contract would have been formede.g.: Doctor that saved unconscious man's life The one of these that is "off the contract"It is imposing liability off the contractThey didn't agreeThe person was unconscious We consider it under contract law because in these few situations where it comes up the situation looks like the others Is there mutual assent?