Pass the California Bar

Just another WordPress site

  • Subjects
    • Torts
    • Contracts
    • Criminal Law

27 Oct 2015

Contracts – Consideration Pt. 3

 

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.
  • 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.

 

Filed Under: Contracts Tagged With: Contract, Contracts, Pre-existing Duty, Promisory Estopel

The next California Bar Exam is in:

days
0
-348
-3
hours
0
-4
minutes
-3
0
seconds
-4
-4

Copyright © 2025 · Whitespace Pro Theme on Genesis Framework · WordPress · Log in