Promisory Estopel
- Remedy granted for the breach as justice requires.
- Promise is enforceable without consideration
- Ex. Charitable gifts, construction, bids
- Promisor should have reasonably expected to induce action or forbearance
- Promise was definite and substantial
- Action or forbearance is induced
Pre-existing Duty
- Contracts need FRESH consideration
- If someone is already under contract to do something, that person cannot ask for more.
- Ex. We already have a contract. You come to me telling me you want more money for the same work, or you won’t carry out what you promised. However, if I don’t make a new contract, you would still need to follow through with the promise.
- Ex. We already have a contract. You come to me telling me you want more money for the same work, or you won’t carry out what you promised. However, if I don’t make a new contract, you would still need to follow through with the promise.
- Public Duty
- Taking advantage of service already needing to be done
- Duty to third parties
- If you have duty to do something, can you charge another person to take over that duty?
- Contract modification does not require new, fresh consideration to be binding.