The topic of this podcast by Professor Jennifer S. Martin is when agreements that are not enforceable as contracts because they are not supported by consideration are nevertheless enforceable due to reliance on the promise, often referred to as promissory estoppel. It discusses reliance as it pertains to gift promises, including charitable donations. The podcast examines the rule for promissory estoppel, as set forth in Restatement (Second) of Contracts § 90, as well as the form of remedy permitted in cases based upon reliance. To illustrate, the podcast uses several hypotheticals and looks at the following cases: Kirksey v. Kirksey, Ricketts v. Scothorn, and Bouton v. Byers.
Learning Outcomes
On completion of the podcast, the student will be able to:
1. Describe the basic requirements of a contract.
2. Recognize when promises may be enforceable based upon reliance when consideration is lacking.
3. List the requirements of promissory estoppel.
4. Apply the rule for promissory estoppel.
5. Discuss the remedy in promissory estoppel cases.
A transcript of this podcast is here.
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