When necessary to achieve justice, the courts sometimes conclude that a contract exists even though consideration is

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When necessary to achieve justice, the courts sometimes conclude that a contract exists even though consideration is clearly lacking. Moral obligation and quasi-contract (discussed earlier) are two such instances, but the most prominent of these substitutes for consideration is found in the doctrine of promissory estoppel, in which the promisor is “stopped” from denying the existence of a contract where the promisee has detrimentally relied on that promise. Promissory estoppel requires the following: 

1. A promise on which the promisor should expect the promisee to rely. 

2. The promisee did justifiably rely on the promise. 

3. Injustice can be avoided only by enforcing the promise. 


Question 

Now that you have learned about offer, acceptance, and consideration as requirements for a binding contract, consider again the dispute between Turner “Tfue” Tenney and FaZe Clan discussed in the Introduction. Had they formed a binding contract? Explain.

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Law Business And Society

ISBN: 9781260247794

13th Edition

Authors: Tony McAdams, Kiren Dosanjh Zucker, Kristofer Neslund, Kari Smoker

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