I'm reading the info on distinctions between Pennsylvania contract law and common law or Uniform Commercial Code Art. 2 and it includes promissory estoppel, which
(e:kookcity2000) thinks is interesting.
Promissory estoppel allows a promisee to enforce a promise against a promisor even when there's no consideration. Consideration is a legal detriment that binds one to a contract. It's usually money for service or product but it could be product for service or something else.
Example:
(e:Lilho) promises
(e:Paul) that she will give him a year's worth of tortoise food if he stops going out dancing for a month.
(e:Paul) thinks this is a good bargain and stops growing dandelions and strawberries for Basra and T2. At the end of the month,
(e:Paul) hasn't been dancing but
(e:Lilho) laughs and says she wasn't serious. Now Basra and T2 are hungry. Can
(e:Paul) sue
(e:Lilho) for tortoise food?
Yes! Why?
- Was a contract formed?
(e:Lilho) made an offer,
(e:Paul) accepted, so yes.
- Was there consideration?
(e:Lilho) isn't getting anything for her promise, so no (
(e:Paul) not dancing for a month doesn't affect
(e:Lilho)'s life although that's what she asked for).
- So why can
(e:Paul) sue? Promissory estoppel: Because he relied on
(e:Lilho)'s promise by tearing out the dandelion and strawberry garden and an
injustice will occur if
(e:Lilho)'s promise is not enforced - Basra & T2 would go hungry. Was it reasonably foreseeable (or even just reasonable) that
(e:Paul) would rely on the promise? Yes, because
(e:Paul) thinks growing tortoise food is a pain.
Not exactly a "fault" situation! Family before beer, certainly. Best if you can combine them. ;-)
Totally my fault this month. My 'rents were visiting for a slightly belated bday dinner.
I wonder if we humans will ever really figure out why the honey bees were dying in such numbers.
I had a scheduling conflict. The rents-in-law were in town on Wednesday to celebrate their lovely daughter's birthday (a day or two late because of (e:leetee)'s work schedule). Family before Beer.
Perhaps Ides of March eve will be the charm that gets me to Beer Night.