Kirksey v. Kirksey- promissory estoppel PDF

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Summary

The case between a woman and her brother-in-law where she relied detrimentally on promissory estoppel...

Description

Kirksey v. Kirksey Promissory Estoppel

Kirksey (plaintiff, wife of brother) v. Kirksey (defendant)

Case Name/Parties (identify parties’ roles)

Alabama Supreme Court, 1845

Court & Date

P’s husband died, and his brother (D) wrote her a letter telling her that he would provide for her and asked her to give up her stuff and move 60 miles to his property. She gave everything up, moved with her children, and then years later she

Relevant Facts Facts that impacted the outcome.

Trial court ruled in favor of the wife, then the supreme court re- Procedural History versed and ruled in favor of the husband’s brother. Gratuity cannot be considered a breach of contract- was a breach of promise

(Rule(s

Was this a contract or gratuity?

(Issue(s The legal question(s) before the court

This was a mere gratuity

(Holding(s

Was not a contract, was a mere gratuity because he was doing Reasoning a favor by offering land. Her selling the land was just part of the Policy rationales; legal interpretation of precedent; offer? or the court’s justification for its application of the rule to these facts.

Disposition Main Take-Away/ Additional notes...