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When promissory estoppel is used by the courts it is because there is NOT an enforceable contract present. true or false?
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Can you sued for breach of contract if there is no consideration?
No. It is not legally possible to sue on a contract that does not exist because there was no formation thereto. However, there are alternative contract-law theories that impute substitutes for consideration. The most common is the legal theory of promissory estoppel. Where it is proven on its elements, it can facilitate a recovery as to the expected benefit of the purported bargain, even without a valid contract having been formed.
Can an innocent party enforce a fradulante contract?
I'm no expert, but from what I understand is a FRAUDULENT (key word) contract is not enforceable because it is fraudulent. I would think the innocent party could bring a suit for damages though...
If you sign a promisary note with a car dealership And you decide not to pay because they sneaked in gap insurance can they send it to collections?
You are obligated to the terms of the promissory note. You probably signed the contract stating that you had read and agreed to the terms of the contract.
Distinquish between equitable estoppel and ordinary estoppel?
Estoppel may be a matter of law; it may also be claimed because of a loss of money or value (equity) by either party. A party is estopped (prevented) because the law indicates that the action is unlawful or because one of the parties will suffer an unfair financial loss if the act is permitted.
All contracts are agreement nall agreements are not contract?
some agreements are not enforceable by law, so they are not contracts. so does that mean a collaborator agreement is voided out because there is no ending date on it?
Is a contract to not declaw a cat enforceable?
Probably not, but read the contract and if it says that they can come and take the cat, it may happen if the vet tells about it. Declawing removes the entire first joint. Many vets don't want to do them any more because of this.
If a person have no contract on a items but was making payment and is asking for the items back because of a disputed coming from the other side?
If there is no legally enforceable contract in effect, both parties will have to either settle it among yourselves, voluntarily submit to binding arbitration, or bring it to court as a civil suit.
Are all contracts are obligation?
No, not all contracts are obligations, because not all contracts are enforceable. In general, a lawfully entered contract does create obligations for both parties who enter it and agree to its terms. Once the terms of the contract are completed, the obligation ends.
How can i use promissory note to file a complaint or lawsuit against the debtor?
In an action on a promissory note, the promissory note itself is evidence. Give it to your attorney, who is filing the suit, because he will need all the relevant evidence to pursue the lawsuit.
Why did people refuse to accept promissory notes?
Because nobody like you
May a minor disaffirm part of a contract and affirm other parts?
Likely yes. Under general contract law principles, it is a valid contract and fully enforceable by the minor if the minor does not choose to void it. Which is why many businesses will not enter into contracts with a minor.
A personal promissory note was drawn between two individuals in the state of Texas and the lender since died. How long does the executor have to enforce the promissory note. Is it still valid?
The note is no longer valid because it is a personal promissory note. If you want to honor it, that is your decision.
