A detrimental conclusion drawn by the fact-finder from a party’s failure to produce evidence that is within the party’s control. • Some courts allow the inference only if the party’s failure is attributable to bad faith. — Also termed adverse presumption. Cf. SPOLIATION(1).
An estoppel that arises when one makes a statement or admission that induces another person to believe something and that results in that person’s reasonable and detrimental reliance on the belief; esp., equitable estoppel. [Cases: Estoppel 82–87. C.J.S. Estoppel §§ 90–95.]
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The principle that a promise made without consideration may nonetheless be enforced to prevent injustice if the promisor should have reasonably expected the promisee to rely on the promise and if the promisee did actually rely on the promise to his or her detriment. — Also termed (inaccurately) equitable estoppel. [Cases: Estoppel 85. C.J.S. Estoppel
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bargained-for exchange. Contracts. A benefit or detriment that the parties to a contract agree to as the price of performance in return for a promise. • The Restatement of Contracts (Second) defines consideration exclusively in terms of bargain, but it does not mention benefit or detriment.
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serf. Hist. A person in a condition of feudal servitude, bound to labor at the will of a lord; a villein. • Serfs differed from slaves in that they were bound to the native soil rather than being the absolute property of a master. “As the categories became indistinct, the more abject varieties of slavery
bargain theory of consideration. The theory that a promise or performance that is bargained for in exchange for a promise is consideration for the promise. • This theory underlies all bilateral contracts. See bilateral contract under CONTRACT. [Cases: Contracts 50. C.J.S. Contracts § 87.] “[C]lassical contract theory tended to associate the doctrine of consideration with
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Consideration that is valid under the law; consideration that either confers a pecuniarily measurable benefit on one party or imposes a pecuniarily measurable detriment on the other. — Also termed good and valuable consideration; legal consideration. [Cases: Contracts 49. C.J.S. Contracts § 87.]
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A false statement that is known to be false or is made recklessly — without knowing or caring whether it is true or false — and that is intended to induce a party to detrimentally rely on it. — Also termed fraudulent representation; deceit. [Cases: Fraud 8.]
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lesion (lee-zh[schwa]n). 1. An injury or wound; esp., an area of wounded tissue. 2. Civil law. Loss from another’s failure to perform a contract; the injury suffered by one who did not receive the equivalent value of what was bargained for. La. Civ. Code art. 2589. — Also spelled (in sense 2) lésion. [Cases: Vendor
reliance, n. Dependence or trust by a person, esp. when combined with action based on that dependence or trust. — rely, vb. detrimental reliance. Reliance by one party on the acts or representations of another, causing a worsening of the first party’s position. • Detrimental reliance may serve as a substitute for consideration and thus