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Promissory estoppel involves a situation with a promise where the promisor should reasonably expect to induce action or forbearance on the part of the promise and which does induce such action or forbearance, and injustice can only be avoided by enforcement of the promise. Promissory estoppel differs substantially from other forms of contract enforcement because it looks at whether one of the parties has detrimentally relied on a promise made by the other party.
It certainly appears that Hernandez had a promise of employment from UPS. He received a written job offer from UPS, and was assured by UPS supervisors that the job was his. Furthermore, after moving his family to El Paso, Texas, though he was told his start date would be delayed, he was assured that UPS would be his employer. He worked at UPS for three days, attending...
Given the circumstances, there is no doubt that UPS promised him a job. They did so several different times and in a variety of different methods.
The next question is whether their promise would induce action on Hernandez's part. They were aware that Hernandez lived in a different town and would have to move if he accepted UPS's job offer. The promise of a job is the type of promise that induces action. Moreover, when he got to El Paso, UPS continued to assure him that he had a job, going so far as to have him take part in an orientation and work from home for one day. Those actions helped make the promise seem more valid, and are the types of actions upon which a person should be apply to rely.
The final question is whether Hernandez should be able to enforce the promise. Obviously, he should not be able to force UPS to specifically perform to the terms of the promise and hire him. However, he incurred significant financial expense in relocating to El Paso, and they should be liable to him for those costs. Moreover, he would not have attended orientation or worked from home if he had not believed the promise of employment, so he should be able to recover for that time.
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2. Title X of the Public Health Service Act provides federal funds for family planning services, but exempts programs where abortion is a method of family planning, which was interpreted by the Secretary of Health and Human Services in 1988 to exempt programs that discuss abortion, even if those programs do not directly provide abortions to recipients. Several Title X grantees and physicians supervising Title X funds challenged the validity of the regulations and sought an injunction against their implementation. The regulations were a permissible interpretation of Section 1008. The regulations did not violate constitutional guarantees.
It is important to realize that administrative agencies and their officials have significant latitude when it comes to interpreting the laws under which they operate. They have the right to make interpretive rules. These rules do not have the impact of a rule of law; however courts interpreting regulatory statutes frequently look at agency interpretations and give them substantial weight. Moreover, legislative rules, as long as they have been created in accordance to APA procedures and are consistent with the Constitution, can have the rule of law and be binding on courts.
The intent of the law is clearly to provide federal funding for family planning service, but not to programs where abortion is a method of family planning. Title X does not prohibit abortion providers from being Title X fund recipients, as long as their programs are not intermingled. The Secretary of Health and Human Services' interpretation that Title X did not intend to apply funding to programs that discuss abortion as a method of family planning, even if those programs do not provide abortion services, is reasonably consistent with the legislative intent not to use federal funds to support abortions. More significantly, it is consistent with constitutional requirements that women have access to legal abortions. Access to an abortion does not mean that doctors must discuss abortion as an option or that federal funds be made available to pay for those abortions. While the legislature can (and did) change the law to allow Title X recipients to discuss abortion with program recipients, the Secretary's interpretation of the law in question was consistent with the Constitution.
Contract Law Case Study Contact Law Case Study The author of this report is to review a legal case study. The purpose is to determine whether the promises and words of Iva Mullet made to Barry Mundey constitute a legal contract and thus makes Iva to follow through on her promises of a bonus and a new contract or if the statements made were non-binding. The short answer to the question is
Contract Modification -- The situation involves a buyer, Tabor, and a seller, Martin. The two enter into a contract to deliver 50 file cabinets at $40/cabinet in five equal installments, or 10 cabinets per delivery for $400. After two deliveries, Martin tells Tabor that inflation has caused costs to increase and he can only deliver the remaining 30 cabinets if Tabor pays $50. Tabor agrees in writing. Can Martin legally
However, the woman will have to get the promise in writing. Furthermore, the woman's remedy would not be to force the man to marry her, but to receive compensation for the monetary damages that she suffered as a result of the move. While the English Act for the Prevention of Frauds and Perjuries covered the type of agreement just described, it also covered other types of promises made in contemplation
For instance, Eugene W. Massengale notes that "An attempt must be made to seek the resolution of any suspected mistakes as specifically as possible" (p. 83). This author also reports that if a party to a contract incurs additional costs or expenses as a result of the mistake, they may recover such costs or expenses as part of completing their obligations under such contract (p. 117). Conclusion The research showed that
United States has had varying sales laws across its states thus making interstate sales contracts difficult to initiate and monitor. In this regard, following the increasing complexity of these contracts, attempts were made to create a multidisciplinary body of regulations regarding business transactions; this led to UCC's formation in the 1940s. Therefore, this paper highlights scenarios where the regulations outlined in the UCC are applicable. Maurice Suing the Developer Merely because