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A New Theory Of Assent-Based Liability Emerging Under The Guise Of Promissory Estoppel: An Explanation And Defense, Juliet P. Kostritsky

Juliet P Kostritsky

This article demonstrates that apparently divergent approaches (bargain and promissory estoppel) share unifying elemental criteria that situate them all squarely within an assent-based theory of enforceability. This article differs from scholarship that depicts promissory estoppel as having a different conceptual or theoretical basis for enforcement. This article posits that promissory estoppel, together with other orthodox doctrines, are merely substitute doctrinal methods for showing the assent required for an enforceable consensual exchange.