Promissory Estoppel
Contracts & Sales · Lesson 12
Promissory Estoppel
這一課問的是：在缺少對價的情況下，何時仍可強制執行某項承諾？
Actor
Act
Object
Standard
Consequence
Core Terminology · 7 must-know
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promissory estoppel
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Restatement §90: promise foreseeably inducing reliance, enforced to avoid injustice.
承諾禁反言。
detrimental reliance
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Action/forbearance by the promisee in reliance on the promise.
信賴所致之不利益。
substitute for consideration
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Estoppel enforces despite lack of consideration.
對價之替代。
scope of recovery
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Often limited to reliance damages.
救濟常限信賴利益。
Rule Sentence · the workhorse
Under promissory estoppel, a promise that the promisor should reasonably expect to induce action or forbearance by the promisee is binding if the promisee in fact relies, and injustice can be avoided only by enforcement.
Mini IRAC · build the Application
Issue. Is D's promise to pay P $10,000 to support P's relocation enforceable when P quit a job and moved cross-country in reliance, even though no consideration ran from P to D?
Rule. Under promissory estoppel, a promise that foreseeably induces reliance is enforceable if the promisee relies and injustice can be avoided only by enforcement.
Application (model). D promised P $10,000 to help with a cross-country move; P quit a job and relocated in reliance on the promise. Because promissory estoppel enforces a promise that foreseeably induces reliance when injustice can be avoided only by enforcement, the fact that D's promise predictably induced exactly the costly steps P took means a refusal to enforce would leave P holding losses incurred at D's invitation.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, D's promise is enforceable under promissory estoppel — typically to the extent of P's reliance loss.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
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