Saturday, October 27, 2007

Promissory Estoppel

Family's house had a flood. The insurance company assures everything is covered & supervises family's actions to move on in life. When family submits itemized list to insurance company they are obligated to cover everything even if contract had lapsed before the accident due to Promisory Estoppel.

-Precludes a promisor from going back on a promise during the executory phase of an agreement

-typically consideration

- occurs where a promisor makes a promise to a promisee that induces the promisee to take substantial action in reliance on the promise to his or her detriment.

if consideration occurs on both sides, dont look at this

Elements
A promise that causes substantial action to be taken by the promisee
-justifiably relies on the promise
-Detriment

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