promisee, or even to the promisor
, whether a donative promise that
145, 160 (2010) (explaining that German courts applied the good-faith principle as a bar against claims); Kessler & Fine, supra note 121, at 402 (indicating that the essence of culpa in contrahendo is that a "careless promisor
has only himself to blame when he has created for the other party the false appearance of a binding obligation"); Kottenhagen, supra note 121, at 74-77 (discussing the historical origins of culpa in contrahendo and citing BURGERLICHES GESETZBUCH [BGB] [CIVIL CODE], Aug.
The misrepresentation deprived the promisor
of the information necessary for consent.
is affected only by reliance which he does or should foresee, and enforcement must be necessary to avoid injustice.
If my ISP promises to scan my e-mail, it should be held liable for that promise, even if third-party activity is the basis for damages, because a promise is only sensibly enforced against the promisor
Freedman JA for the Court agreed with the lower court judge that the question was one of mixed fact and law, but determined that there was an extricable question of law with 2 parts: 1) whether promissory estoppel was available as a remedy, given the fact that the union was deemed to have complied with an alteration of the initial agreement; 2) whether the law of promissory estoppel requires that the promisor
intend by its representation, whatever its form, to affect legal relations with the other party (the promisee).
Other nonconventionalist accounts make problematic concessions to the conventionalist's core instincts, including embracing: the view that binding promises must involve the promisee's belief that performance will occur; the view that through the promise, the promisee and promisor
create a shared end; and the tendency to take promises between strangers, rather than intimates, as the prototypes to which a satisfactory account must answer.
138) Thus, the promisor
is at all times given the option of breaching, conditioned upon the payment of a penalty for the same, in the form of damages.
to accrue reputational capital by voluntarily adhering to
The only universal consequence of a legally binding promise is that the law makes the promisor
pay damages if the promised event does not come to pass.
This decision may not necessarily be consciously known to the promisor
55) The circuit court relied upon "the conventional rule that in suits for breach of contract the promisee is not allowed [attorney's fees] in computing the damages payable by the promisor