Contracts and Promissory Estoppel Discussion Essay Case Study 

Contracts and Promissory Estoppel Discussion Essay Case Study

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Contracts and Promissory Estoppel Discussion Essay Case Study

Discuss the concept of a promise being considered consideration. If a company promises you a job and you quit your existing job and move to a new state for the job and then, prior to your first day, the company imposes a hiring

freeze and cannot hire you, can you enforce the contract? Would the doctrine of promissory estoppel apply in this situation?

Just do response each posted # 1 to 3 down below only

Posted 1

Consideration in contract law is defined as legal value, bargained for, and/or given in exchange for an act or promise. A promise is a declaration or assurance that one will do a particular thing. We’ve learned that one must be

careful what she promises another because promises can make one accountable for “noncontract obligations”!

 

Chapter nine of our text discusses quasi-contracts and promissory estoppel. These are concepts that cover noncontract situations. Quasi-contracts are intended to prevent unjust enrichment in situations where the receiving

party knowingly received a benefit and it would be unjust for them not to pay for it. Similarly, a promissory estoppel is another concept that requires promises to be enforced even though no contract actually existed; when a

promise creates reliance. Contracts and Promissory Estoppel Discussion Essay Case Study

Contracts and Promissory Estoppel Discussion Essay Case Study

Hopefully I don’t find myself in the situation where a company offers me a job and then can’t hire me. Nonetheless, the doctrine of promissory estoppel would apply in that situation. The promisor (the company) should foresee

that they are inducing reliance. Having quit my job and moved to a new state, I most certainly have relied upon their promise for employment. If the company could or would not hire me, injustice would be created. Although this

doctrine traditionally applied to gifts, it has grown to include oral promises that would normally be required to be in writing. Contracts and Promissory Estoppel Discussion Essay Case Study

 

Posted 2

 

When it comes to promises it depends on what is involved with the contract. There are so many variables to what a contract is negotiating, there is no right or wrong answer to whether a promise will be enough to prevent a

contract from being revoked. Some contracts are so serious and could affect someone’s life if a promise is not kept. Therefore, it is so important to only get involved with a contract if your intent is 100% in the outcome of

completing it. If you do not think a promise is going to be withheld, then you better not accept it. Some contracts are going to be a gamble, and some are like taking candy from a silly cat. Make sure that promise is legit, it may

come back to bite you in the end (Langhart, Barnes, Prankery, McCorory, & Perry, 2019. Contracts and Promissory Estoppel Discussion Essay Case Study

 

Also, with the promissory estoppel there is no guarantee a contract will get enforced. With the promissory estoppel it can prevent a revocation, but also depends on many variables going in the right direction in your favor. With

something so serious as accepting an offer from a new employer, packing your bags, and moving elsewhere, I imagine the promissory estoppel would go your way to prevent a revocation. The offer is so professional and the side

effects of a job contract getting revoked is going to be messy, there will be damages for the offeree, and they will need to be paid. The best advice is thinking more than twice, cross your fingers before you accept, and maybe

have a few witnesses around when it is final. Good luck with those contracts and take them seriously (Langvardt, Barnes, Prenkert, McCorory, & Perry, 2019. Contracts and Promissory Estoppel Discussion Essay Case Study

 

Posted 3

 

I think Promissory Estoppel would apply to this scenario and lead to an enforceable contract. Promissory Estoppel is where an offeree foreseeably and reasonably relies on an offer being held open and will suffer injustice if it is

revoked. I think the offeree has been given clear consideration in the form of a promise to employ the offeree. The offeree relied on this new employment opportunity by moving states and incurring expenses to do so.

 

The cost could be anything from selling a house to terminating a lease early as well as having to spend money to move all personal belongings to the new state. The offeree has no way to foresee there being a hiring freeze just

prior to starting work. So, once they rescind the offer claiming that the hiring freeze is to blame that doesn’t change the fact that the offeree has suffered an injustice and now must move all their belongings back to the previous

state or find another job in the new city, which will potentially cost more money.

 

As an added injustice what if the offeree had already arranged a new living space and had to go back on that arrangement due to this sudden job loss. This could amount to further financial loss and more hardship considering

there is no job to return to because the offeree has already resigned at the former place of employment. I think the courts would approach this with Promissory Estoppel and rule in favor of the offeree as long as the offeree can

prove the offer was extended. This might be done by showing an email that states the job is waiting for the offeree and list a starting date. Contracts and Promissory Estoppel Discussion Essay Case Study

 

The one lesson I would say that could be learned from this is that you always get everything in writing with it comes to major life events like this. If there had been a contract in hand that showed the offer and the acceptance,

then it would look even better for the offeree.

 

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Contracts and Promissory Estoppel Discussion Essay Case Study

Contracts and Promissory Estoppel Discussion Essay Case Study

RUBRIC QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points:  Student failed to submit the final paper. 20 points out of 50:  The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50:  The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately.  Elements of the required response may also be lacking. 40 points out of 50:  The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples.  The answer is complete. 50 points:  The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples.  No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points:  Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points:  Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points:  References to scholarly sources are occasionally given; many statements seem unsubstantiated.  Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points:  Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented.  APA 6th Edition is used with only a few minor errors.  There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points:  Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented.  APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points:  Student failed to submit the final paper. 5 points out of 20:  The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors  10 points out 20:  The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20:  The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points:  The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points:  Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements.  The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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