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This overview explores the legal concept of promissory estoppel as articulated in Restatement (Second) §90(1), which outlines the enforcement of promises that induce reliance, preventing injustice. It emphasizes that a promise must induce action or forbearance and that enforcement is limited to what justice requires. Furthermore, the discussion extends to charitable subscriptions as defined in §90(2), exploring how they can be binding without needing proof of reliance in some jurisdictions. The application of these principles varies by state, with some requiring consideration or reliance.
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Contracts, Fall 2008 Class 4
Promissory Estoppel • Reliance in lieu of bargained-for exchange. Rest. 2nd §90(1): • action or forbearance • induced by promise • that promisor reasonably should expect • injustice can be avoided only by enforcing the promise • remedy is limited ‘as justice requires’
Promissory Estoppel and Charitable Subscriptions • Restatement §90(2): A charitable subscription…is binding under subsection (1) without proof that the promise induced action or forbearance. • Action or forbearance=“reliance” • Restatement §90(2): not adopted in many states; usually, do need reliance (or consideration)
