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      11-18-2008, 03:38 PM   #246
UdubBadger
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Drives: '04 330i ZHP
Join Date: Dec 2007
Location: Chicago Burbs

iTrader: (22)

Garage List
2004 BMW 330i ZHP  [4.75]
2011 135i  [3.73]
2008 328xi  [4.38]
Quote:
Originally Posted by AoshichanX View Post
Contracts - Remedies
Promissory Estoppel
Even if there is no written contract, but an oral promise was made with offer and acceptance, and the Plaintiff substantially relied on the promise to his detriment, the plaintiff can recover costs incurred through reliance on the promise.
Expectancy Interests
Market value less contract price. UdubBadger could not recover damages since UdubBadger purchased trim at a bargain price and any expectancy interests would unjustly enrich UdubBadger.
Restitution Interest
By theory of quantum meruit, Longtran, in giving adequate consideration by putting out of pocket overnight shipping expenses for UdubBadger, allowed for UdubBadger's unjust enrichment. UdubBadger consequently owes costs incurred by Longtran.

I gave you the rules, I am sure you guys can figure out who is at fault.
longtran did not 1. ask me for shipping money. 2. i didn't ask him to pay for overnight shipping (i've gone over this 3 or 4 times now) and 3. I also offered to pay him back the $33 for shipping if he was willing to make good on his word of replacing the poor fitting trim piece... he didn't answer to any of these things.