'Promissory estoppel' may allow enforcement of a promise, even without traditional consideration, when:
解析
Promissory estoppel substitutes detrimental reliance for bargained-for consideration: the promisor should reasonably expect the promise to induce action or forbearance, the promisee does justifiably and substantially rely, and injustice can be avoided only by enforcing the promise. In construction the classic application is a general contractor's reliance on a subcontractor's bid — Drennan v. Star Paving (1958) 51 Cal.2d 409. Each distractor removes one required element: (b) drops foreseeability of reliance, so the promisor had no reason to guard his words; (c) drops reliance itself, leaving a bare gratuitous promise that no theory enforces; (a) drops the objective reasonableness that makes reliance justifiable.
法律依据: Drennan v. Star Paving (1958) 51 Cal.2d 409免费刷完整 1632 道题库 — 无需注册。
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同考点相关题目
- A third-party beneficiary who is an 'intended beneficiary' of a contract:
- An 'incidental beneficiary' of a contract differs from an intended beneficiary in that an incidental beneficiary:
- A contractor's bid submitted to an owner is best characterized in contract terms as:
- A general contractor uses a subcontractor's bid to prepare and win the prime contract, reasonably relying on that bid. If the sub then tries to withdraw the bid, the general may argue the sub is bound under:
- A 'retention' (retainage) provision in a construction contract generally allows the owner to:
- A 'progress payment' schedule in a construction contract is designed to:
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