Also known as: detriment to promisee · detriment
Written by attorneys · grounded in primary & secondary sources — see below
A legal detriment incurred by the promisee that supplies consideration for a promise. Legal detriment arises when the promisee forgoes a legal right or assumes a legal obligation at the promisor's request.
Dwight Dorsey promised Destiny Davis a payment if she refrained from filing a personal injury suit after a minor collision. Davis gave up her right to sue and incurred medical expenses in reliance. The forbearance constituted detriment to Davis that supported enforcement of the promise.
Spur Industries agreed to relocate its feedlot if Del E. Webb Development Company paid relocation costs and refrained from further residential development nearby. Webb's agreement to limit its own land use supplied the required detriment to the promisee.
Select any source to read its text and confirm it supports the definition.
Pennsylvania Coal Company promised neighboring landowners compensation if they refrained from surface mining that would undermine subsurface support. The landowners' surrender of their mining rights created the legal detriment needed to enforce the promise.
Meinhard promised Salmon additional capital for a joint venture if Salmon agreed to share future real-estate opportunities. Salmon's surrender of the right to pursue deals independently supplied the detriment that made the promise binding.
Cohen promised a newspaper not to reveal its identity in exchange for the paper's promise to keep his name confidential. Cohen's forbearance from disclosing the source relationship created the legal detriment supporting the confidentiality promise.
Phillips Petroleum promised class members additional recovery if they refrained from opting out of the settlement class. The members' surrender of their individual right to sue separately supplied the detriment that bound the company.
Detriment to the promisee focuses on the legal right the promisee gives up or the duty assumed. Benefit to the promisor focuses on the advantage received by the promisor. Either can satisfy the consideration requirement under traditional doctrine.
Yes when the forbearance is bargained for and induced by the promise. Refraining from drinking, smoking, or pursuing litigation at the promisor's request has been held sufficient even without economic loss to the promisee.
The drafters found that the bargained-for exchange requirement alone adequately identifies enforceable promises. Adding a separate detriment or benefit inquiry tended to introduce unnecessary confusion without changing outcomes.
Yes. The legal test looks to the surrender of a right the promisee was free to exercise, not to measurable economic harm. Forbearance from lawful conduct requested by the promisor supplies the required detriment.
…of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. The detriment that the State would impose upon the pregnant woman by denying this choice altogether is apparent. Specific and direct harm medically diagnosable even in early pregnancy may be involved.…