Contract Law Review 06 Alternatives to Consideration: Equitable Estoppel and Promissory Restitution

Equity courts developed alongside courts on law starting in the 1500s. Nowadays, US courts can hear matter in law and equity together. Equitable reasons for enforcing contracts, however, are different from legal ones. This video covers the two main equitable reasons for enforcement of a promise that is not enforceable as a contract at law: equitable estoppel and promissory restitution.

[@jon6288]

Wait, what? In Kirksey the court found it was merely a gratuitous promise, and unenforceable. In Rickets the promise was enforced. I think you got these backwards.

[@BizLaw]

Jon, good catch! You are correct that the Kirksey court found the promise enforceable; however, this was before the development of the doctrine of promissory estoppel. Had the doctrine been established, Kirksey would likely have come out differently. That said, the video does not explain this properly, and it needs to be revised. Thanks again for your constructive criticism.