There is definitely no consideration, but there are ways to enforce a promise without consideration.
The answer is promissory estoppel. There are three elements that make up promissory estoppel:
- a promise that likens to induce action or forbearance
- Reliance
- injustice will occur if it is not enforced
So yes...there definitely isnt any consideration. But there are other means of enforcing a promise such a promissory estoppel. Eugene...you will learn that in the next few weeks...
However, the more important issue is whether promissory estoppel should even exist. As a strict constitutionalist and moreso a conservative who believes in individual responsibility, I feel that the theory of promissory estoppel has been grossly expanded to the point it has ruined the law of contracts. The liberal idea that you don't need the traditional elements of a contract to enforce a promise/offer anymore is ludicrous. It has burdened the legal system with frivolous lawsuits and has made innocent parties liable for situations that don't fit the mold of traditional contract formation.
Don't get me wrong--there are many instances where promissory estoppel is important and necessary, but in the modern legal environment, promissory estoppel has been liberally applied to fit every possible situation out there. This slippery slope is the end of contracts as we know it.
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