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A note about promissory estoppel
In this section, you will see the development of the doctrine that is now called promissory estoppel. It is in this section of the book because it evolved as an exception to the consideration requirement (and is sometimes referred to as a substitute for consideration), but it is important to note that promissory estoppel has now become a distinct basis for promissory liability, a cause of action rather than a mere doctrinal exception.
Unlike the previous doctrine -- the material benefit rule -- promissory estoppel has, in fact, significantly expanded the scope of liability and is a substantial part of many disputes, both in the commercial realm and in the private realm. Family disputes and questions about charitable contributions, in particular, can give rise to promissory estoppel claims.
The Restatement's promissory estoppel provision is below. Can you list the elements of a promissory estoppel claim based on this provision? Notice how the elements are applied and addressed in the cases in this section.
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