Sometimes an agreement without consideration will be enforced. This happens when a promise which foreseeably induces promisee to act or forebear becomes binding because injustice can only be avoided by enforcement of the promise.
A promise is an assurance, in whatever form or expression that a thing will or will not be done.
The promisee must actually and justifiably rely on the promise by the other.
Promisee must have relied on the promise to his detriment.
The promisee’s reliance must be reasonably foreseeable to promisor.
Injustice Cannot be Avoided
In deciding if injustice can be avoided courts will consider:
1.Availability and adequacy of other remedies, particularly restitution or cancellation.
2.The definite and substantial character of the action or forbearance in relation to remedy sought.
3.Extent to which the action or forbearance corroborates evidence of the making and terms of the promise.
4.Reasonableness of action or forbearance.
5.Extent to which the action or forbearance was foreseeable by promisor.