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You rent a car for a week. The contract states that for every additional day you keep the car after the week, the charge is $100.00. An unusually severe storm is forecast and you receive a text from the car rental agency that says all car renters can keep their vehicle an additional two days without extra charge. You return the car two days after the end of the week. The person who checks you in says you owe $200 for the extra two days. You show the text, but he says that the rental company changed its mind and will sue you. What defence could you raise? Describe what you need to prove.

Answer :

The defense that could be raised in this situation is the doctrine of promissory estoppel. Elements need to be proven: Promise, Reliance, Detrimental reliance.

Promissory estoppel is a legal principle that prevents a party from going back on their promise if the other party has relied on that promise to their detriment. To successfully raise this defense, several elements need to be proven: Promise: The text message received from the car rental agency stating that there would be no extra charge for keeping the vehicle for an additional two days serves as the promise in this case. Reliance: The renter must demonstrate that they relied on the promise made by the car rental agency. In this scenario, the renter kept the car for the extra two days based on the assurance that there would be no additional charge.

Detrimental reliance: The renter needs to show that they suffered some form of detriment or harm as a result of their reliance on the promise. In this case, the renter returned the car two days after the week ended, expecting to be exempt from any extra charges. However, the rental agency's demand for an additional $200 caused financial harm to the renter.

By establishing these elements, the renter can argue that the car rental agency is bound by the doctrine of promissory estoppel. The agency's change of mind after the renter's reliance on the initial promise is unfair and unjust. The renter should emphasize the text message as evidence and highlight their detrimental reliance on the promise, showing that they acted in good faith based on the car rental agency's representation.

To learn more about doctrine of promissory estoppel click here:

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