Restatement Of Contracts Section 90

3 restatement 337 provided for the recovery of interest as damages for breach of certain kinds of contracts in the discretion of the court ifjustice requires it section 354 authorized a court in listed circumstances to decree on such terms as justice may require specific. Promise reasonably inducing action or forbearance 90. In the original restatement 90 read as follows.

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Every first year 1l law student in every law school in the united states is exposed to it and it is probably the most cited non binding authority in all of u s.

Restatement of contracts section 90. Promise reasonably inducing action or forbearance a promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the. The restatement of contracts is not legally binding but it carries a great deal of weight and is highly persuasive because it represents the thoughts of prominent legal professors practicing attorneys and judges. Restatement second of contracts 90 1981.

It is one of the best recognized and frequently cited legal treatises. The restatement provides that. General requisites of a memorandum 132.

2 restatement of contracts 90 1932. A promise which the promisor should reasonably expect to induce action or forbearance of a definite and substantial character on the part of the promisee and which does induce such action. 1 section 90 of the restatement of contracts states.

Promise reasonably inducing definite and substantial action restatement first 95. The restatement second of the law of contracts is a legal treatise from the second series of the restatements of the law and seeks to inform judges and lawyers about general principles of contract common law. Modification of executory contract 90.

Adopted by the restatement of contracts section 90 1932. Section 90 is almost the only section of the restatement of contracts which has no comment at all. Restatement second of contracts 1981 90.

Requirements for sealed contract or written contract or instrument chapter 5 the statute of frauds 131. Four hypothetical cases none of them so far as i know based on a real case are offered as illustrations presumably to indicate the range which the section was meant to have. A promise which the promisor should reasonably expect to induce action or forbearance of a definite and substantial character on the part of the promise and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise this rule applies in this state.