Promissory restitution is a legal theory that allows you to recover compensation for services rendered even if no contract was formed. To use this theory, two things must be shown. First, you must give a benefit to another that was not paid for. Second, the other party must expressly promise to pay after the benefit was received. If the other party then refuses to pay, you can sue them for payment under promissory restitution.
Promissory restitution is a valid legal claim although not all courts recognize it. Here are some examples:
Courts will vary on whether they will enforce a promise to pay based on promissory restitution. Most courts will allow recovery if a material benefit was given to the person making the promise to pay. However, some courts hold that such promises are simply moral obligations with no legal effect.
Promissory restitution is strictly a legal theory that is not commonly used. If you believe that you do have a promissory restitution claim, you should consult an experienced attorney to pursue the claim. Promissory restitution is not recognized in all courts, and an experienced attorney will be able to tell your chances of a successful claim.
Last Modified: 09-12-2011 02:31 PM PDTLaw Library Disclaimer
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