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American Contract Law for a Global Age, 2017a

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her job at Qwest and enroll in law school, which she had not otherwise<br />

planned to do. . . .<br />

. . . [T]he circumstances support a finding that it would be unjust not to<br />

en<strong>for</strong>ce the promise. Upon reliance on [appellant’s] promise,<br />

[respondent] quit her job. She attended law school despite a serious<br />

health condition that might otherwise have deterred her from going.<br />

These findings are sufficient to show that respondent proved the elements of<br />

promissory estoppel.<br />

Appellant argues that because he advised respondent shortly after she enrolled<br />

in law school that he would not be paying her law-school expenses as they came due,<br />

respondent could not have reasonably relied on his promise to pay her expenses to<br />

her detriment after he repudiated the promise. Appellant contends that the only<br />

injustice that resulted from his promise involved the original $5,000 in expenses that<br />

respondent incurred to enter law school. But appellant’s statement that he would not<br />

pay the expenses as they came due did not make respondent’s reliance unreasonable<br />

because appellant also told respondent that his financial problems were temporary<br />

and that he would pay her tuition when she graduated and passed the bar exam. This<br />

statement made it reasonable <strong>for</strong> respondent to continue to rely on appellant’s<br />

promise that he would pay her expenses.<br />

Appellant argues that because respondent received a valuable law degree, she<br />

did not suffer any real detriment by relying on his promise. But receiving a law degree<br />

was the expected and intended consequence of appellant’s promise, and the essence<br />

of appellant’s promise was that respondent would receive the law degree without the<br />

debt associated with attending law school. Although respondent benefitted from<br />

attending law school, the debt that she incurred in reliance on appellant’s promise is<br />

a detriment to her.<br />

______________________<br />

Review Question 6. The principal purpose of “reliance” damages (a topic<br />

addressed in this book at much greater length in Chapter VIII) is to put the relying<br />

promisee back in her pre-contractual position by restoring to her what she has lost.<br />

The court says that Fields promised Conrad “a law degree without the debt.” But<br />

what she was promised and what she has lost in reliance on that promise are two<br />

different things. Doesn’t getting the money she spent and getting a law degree<br />

actually put her in a better position than she was be<strong>for</strong>e the promise was made? To<br />

what extent, in the language of section 90 of the Second Restatement, can injustice<br />

actually be avoided only by en<strong>for</strong>cement of the promise?<br />

_____________________<br />

______________________________________________________________________________<br />

170 CHAPTER III: CONSIDERATION

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