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Essay / Research Paper Abstract
8 pages in length. "Promissory estoppel has a dubious pedigree, moreover it is in practice almost unnecessarily." The truth of this statement speaks to an undefined area of contract law where people sue when an unenforceable contract has been breached. By showing that an individual detrimentally relied on a promise made by defendant, the plaintiff can, in theory, rely upon promissory estoppel. This approach to reclaiming unenforced contractual losses, however, is looked upon by many as a waste of time, money and effort, inasmuch as without the ability to enforce a contract, the chances of retrieving damages are quite slim depending upon one's global location. Bibliography lists 10 sources.
Page Count:
8 pages (~225 words per page)
File: LM1_TLCPromE.rtf
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Unformatted sample text from the term paper:
an unenforceable contract has been breached. By showing that "he or she detrimentally relied on a promise made by defendant" (A Contract is Born), the plaintiff can, in theory,
rely upon promissory estoppel. This approach to reclaiming unenforced contractual losses, however, is looked upon by many as a waste of time, money and effort, inasmuch as without the
ability to enforce a contract, the chances of retrieving damages are quite slim depending upon ones global location. II. PROMISSORY ESTOPPEL AND NEGLIGENCE
That there exists such a wide discrepancy with regard to damages awarded in negligent sterilization cases indicates that one of the most important elements to proving worth for recovery
of those damages resides with a given culture. The United States is far more stringent when it comes to awarding damages for the birth of unwanted children caused by
physician negligence, while England has historically been much more lenient in providing for both pain and suffering as well as monetary support for the childs entire adolescence. "What makes
us sue our medical practitioners and where do we want to draw the litigation line?" (Medical Negligence). With a sue happy country as the United States, for example, medical
practitioners cannot be too careful when it comes to negligence. That America has come to represent one of the most cluttered court systems in the world lends credence to
the claim that no doctor is safe from a patients legal right to sue. However, in order to seek a promissory estoppel, the following criteria must be met:
* a clear and unequivocal promise or representation as to future conduct which indicates that the promisor will not enforce all his rights under the existing contract with the promisee
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