promisee

(27) Contract doctrine's remedies are thus designed to put the promisee in a position comparable (though not identical) to the one he would have been in had the breaching promisor performed the contractual promise by awarding only the monetary equivalent of performance.

good faith fare] 'any promises which a reasonable person in the position of the promisee would be justified in understanding were included.'") (quoting Rowe v.

According to the restatement, actual reliance by the promisee is not necessary.

numerous commercial situations, one party--the promisee, or the one with

A promisee no longer needs to wonder whether the promise will be kept, or whether a court will recognize the breach.

position to prevent the harm caused by a promisee's detrimental

Consider the individual who voluntarily makes the promise that she will not cross a certain chalk line that encircles her, until some event comes to pass (e.g., permission from the promisee, or the passage of a certain amount of time).

Similarly, the promisee stands to receive more in exchange for doing nothing more than that which he originally agreed to perform.

namely, the loss truly suffered by the promisee....

Detrimental reliance arises when a party makes a promise that he should reasonably assume would induce the promisee to act (or fail to act); the promisee takes such action (or inaction); and injustice can be avoided only if the promisor fulfills the promise (Restatement of Second Contracts, 1981, Section 90).

CONSIDERATION: A performance or return promise that is the inducement to a contract because it is sought by the PROMISOR in exchange for his promise and is given by the PROMISEE in exchange for that promise.

contract was not relevant, but Embry's was: the promisee must

The dissent began to ground its opinion by giving an elementary overview of the basic requirements for consideration: (1) that there be a bargained-for exchange with a benefit to the promisor or a detriment to the promisee, (2) that "[c]ourts have no authority to attempt to value the bargained-for consideration in an effort to determine whether" the consideration is "adequate," and (3) "that all contemporaneous promises by one party are deemed to have been given in exchange for the aggregate benefit to that party or the aggregate detriment to the other party." (89) With this groundwork laid, the dissent then raised the distinction between Baker's employment before making the agreement that gave rise to this action and her employment after making that agreement.

(61) It holds that, where the Government makes a promise in a sovereign or administrative capacity, knowing or intending that it would be acted on, and the promisee alters his position relying on such promise, the Government is estopped from going back on its promise on the basis that it will be inequitable.