Terms & Definitions

Question 1

A PROMISE is a ___________ of _________ to act or ___________ from acting in a _________way.

Answer 1

Manifestation of the intention to act or refrain from acting in a specified way

Question 2

The __________ is justified in _______ that a commitment has been made.

Answer 2

The promisee is justified in believing that a commitment has been made.

Question 3

PROMISOR

Answer 3

A promisor is a person manifesting the intention

Question 4

PROMISEE

Answer 4

A promisee is a person to whom the manifestation is directed

Question 5

Constructed Promise (implied in law)

Answer 5

Quasi-Contracts
A promise constructed by the court to avoid inequity. This is sometimes referred to as a “fictional promise”

Question 6

How is a promise is enforceable?

Answer 6

Enforceability
Consideration, Promissory Estoppel, or Restitution

Question 7

Conditional Promise

Answer 7

1. The condition does not benefit the promisor
2. Enables the promisee to receive a gift
3. The promisee’s action which is based on the promise is conditional
4. The promisee’s reliance on the promise is not a consideration.

Question 8

Express Promise

Answer 8

A contractual promise that is clear and made in words

Question 9

Implied Promise (implied in fact)

Answer 9

A contractual promise that exists despite the lack of spoken or written words stating the promise.

Question 10

Consideration

Answer 10

Either bargained for exchange or benefit/detriment

Question 11

Exceptions to Consideration

Answer 11

1. Promissory Estoppel
2. Modifications to an existing sales contract
3. Promise to perform a moral obligation

Question 12

Restitution

Answer 12

1. Prevents unjust enrichment
2. Whenever a defendant has been enriched at the plaintiff’s expense and
3. It is unjust for the defendant not to pay for the enrichment.

Question 13

Fairness & Equity

Answer 13

1. Quasi-Contract Doctrine of Unjust Enrichment
2. Rests on the equitable principle that a person shall not be allowed to enrich himself unjustly at the expense of another, and

Question 14

Past Consideration

Answer 14

Not Enforceable
When the promisor pays for something they have already received. There is no bargain for exchange so there is no consideration.

Question 15

Pre-existing duty rules

Answer 15

1. Doing or promising something that was already required to be done or promised
2. The recipient of that action or promise gets nothing that already should occur

Question 16

Tasini Standards for Restitution

Answer 16

(1) that the defendant benefitted;
(2) at the plaintiff’s expense; and
(3) that equity and good conscience require restitution.
(4) Did the plaintiff have an expectation of compensation?
(5) Did the defendant have an opportunity to reject the benefit?

Question 17

Quantum Meruit

Answer 17

Latin for “as much as he deserves”

Question 18

Quantum valebat or valebant

Answer 18

Latin for “as much as it is worth”

Question 19

Sec. 90 Promissory Estoppel Requirement

Answer 19

Binding if INJUSTICE can be avoided only by enforcement of the promise and limited as justice requires

1. A clear and distinct promise
2. Induced the recipient to rely on it
3. Recipient is compelled to act because of that reliance.
4. The reliance was foreseeable by the promisor at the time of the promise

Illusory promises can be enforceable with promissory estoppel

Question 20

When does the Sec. 89 (a) Pre-Existing Duty Rule not apply?

Answer 20

The legal duty rule does not apply if the parties mutually agree to change the terms of the contract.

Question 21

Bargain for Exchange

Answer 21

This is one of two was that consideration occurs

Question 22

Benefit Detriment

Answer 22

This is one of two ways consideration occurs

Question 23

Quasi-Contract

Answer 23

fairness and equity are the foundation of a quasi-contract