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Promissory Restitution – Contracts I Outline

Contracts I

Promissory Restitution

Restatement Second of Contracts § 86
Restatement Second of Contracts § 86

Promise for Benefit Received

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  1. A promise made in recognition of a benefit previously received by the promisor from the promisee is binding to the extent necessary to prevent injustice.
  2. A promise is not binding under Subsection (1)
    1. if the promisee conferred the benefit as a gift or for other reasons the promisor has not been unjustly enriched; or
    2. to the extent that its value is disproportionate to the benefit.
Copyright, The American Law Institute

Must have some reasonable expectation of restitution.

Restitution must be for a material benefit, not merely a sentimental one.