Utah Complaint - Breach of Credit Card Contract, Quantum Meruit, and Promissory Estoppels
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FAQ
Damages recoverable in a case of promissory estoppel are not the profits that the promisee expected, but only the amount necessary to restore the promisee to the position he or she would have been in had the promisee not relied on the promise.
There must be a clear and definite promise. The promisor should have expected that the promisee would rely on the promise. The promisee reasonably relied on the promise by acting or refraining from some act.
Where does promissory estoppel fit in with consideration? Promissory estoppel operates to ensure a party does not go back on their promise when another party has relied upon that promise.Promissory estoppel will have the effect of stopping the party who attempted to go back on their promise to do so.
Clear and definite promise made by promisor (promise) the promise must be an expectation that the promise will be relied upon. the promisee must in fact reasonably rely on the promise (reasonably relied on) detriment of a definite nature must be incurred in the reliance on the promise (detriment)
Promissory estoppel provides a way in which promises can be legally binding even if no consideration has been given. Promissory estoppel relates to a form of future conduct. The doctrine of promissory estoppel may not make the total contract fully enforceable.
The three main components needed for promissory estoppel are the promisor, the promisee, and the promise that wasn't honored. The injustice happens when the promisee suffers a loss when he relied on the promise, and the promise wasn't kept.
The general rule is that broken promises, by themselves, are not actionable in court. However, there is a little-known exception: promissory estoppel. In the absence of a contract or agreement, which requires benefit to both sides (referred to as consideration), the law is generally unavailable to enforce a promise.
There are common legally-required elements for a person to make a claim for promissory estoppel: a promisor, a promisee, and a detriment that the promisee has suffered. An additional requirement is that the person making the claim the promisee must have reasonably relied on the promise.