Promissory Estoppel

Guest Post by Santa Clara Law 1L and Colleague: Phil Fox  An easy way to remember what promissory estoppel is could be to look at the first word and remember “promise.” Simply and quickly put, promissory estoppel is justified reliance on a promise. Broken down: Justified: a reasonable person would do the same based on […]

Sullivan v. O’Connor

https://xkcd.com/738/ Sullivan v. O’Connor Supreme Judicial Court of Massachusetts, 1973 363 Mass. 579 , 296 N.E.2d 183. My case brief: http://bit.ly/2MDgSgn This is a case about plastic surgery gone terribly wrong. My colleague, Andrew San Jose, brought up an intriguing point: To win this case, you, the lawyer, essentially have to roast your client in front […]

Expectancy, Restitution, Reliance

image: https://xkcd.com/616/ Expectancy, Restitution, and Reliance are probably the scariest words uttered during this past first week of 1L (besides cold call). But they shouldn’t be. Most explanations I’ve seen are ridiculously convoluted. Here’s how it works: Expectancy (Agreement w/Consideration): What would you have received had the contract been completed? Essentially, what did you expect? Restitution […]