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    SmartBrief enables case brief popups that define Key Terms, Doctrines, Acts, Statutes, Amendments and Treatises used in this case.

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    Contracts Keyed to Templin

    View this case in different Casebooks
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    Drennan v. Star Paving Co.

    Citation:

    51 Cal. 2d 409 (1958)
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    Facts

    Drennan (plaintiff), a general contractor, was soliciting bids from subcontractors to perform paving work for an upcoming bid he was placing for a school construction project.  Star Paving Co. (defendant) submitted the lowest bid of $7,131.60 to the plaintiff. The plaintiff used this number to compute his own bid and was awarded the school construction project. The plaintiff informed the defendant that they had been awarded the contract, and the defendant then informed the plaintiff that it had made a mistake and the cost of the paving work would actually be $15,000. The plaintiff refused to pay this amount and instead, after months of searching, found a new subcontractor who agreed to do the paving work for $10,948.60. The plaintiff then sued the defendant to recover damages caused by the defendant’s refusal to do the paving work for the agreed upon price.

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    Q.1 - From a jurisprudential standpoint, how does the California Supreme Court’s opinion in Drennan implicitly reinterpret the doctrine of offer irrevocability in contrast to classical contract principles?
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    Correct! The court imposed enforceability based on reasonable reliance without requiring either formal acceptance or consideration, expanding irrevocability beyond classical doctrine.
    Incorrect. B is incorrect—no presumption of binding offers was established.
    Incorrect. C is incorrect—trade usage played no central role.
    Incorrect. D is incorrect—there was no retroactive extension; the reliance occurred post-offer.
    Q.2 - Under a strict reading of the Restatement (Second) of Contracts §90 and §87(2), how would one most persuasively reconcile the Drennan holding with the broader policy concern of protecting offeror autonomy in the absence of mutual assent?
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    Incorrect. A is incorrect—no requirement of writing is imposed by §90 or §87(2).
    Correct! The Restatement supports liability based on estoppel theory where action is induced by a promise, not by contract formation alone, preserving some autonomy while preventing injustice.
    Incorrect. C is incorrect—timing is relevant but not dispositive under §90.
    Incorrect. D is incorrect—price fairness is not a doctrinal criterion under estoppel.
    Q.3 - Which of the following best captures the theoretical tension between promissory estoppel in Drennan and the autonomy-based model of contract obligation grounded in mutual assent?
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    Incorrect. A is incorrect—liability is still grounded in equitable principles, not status.
    Incorrect. B is incorrect—the court did not conflate negotiation with contract.
    Incorrect. C is incorrect—the court focused on objective reliance, not on ignoring intent entirely.
    Correct! Promissory estoppel enforces reliance interests rather than consent, shifting the theoretical justification for contract enforcement and thereby challenging the classical autonomy model.

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    Topic Resources

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    Drennan v. Star Paving Co.11m 57s
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    Drennan v. Star Paving Co.3m 36s
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    Topic Outlines

    Formation of Contracts Damages

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    Acceptance Reliance and Restitution

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    Drennan v. Star Paving Co.