Receipt of unrequested benefits creates no legal obligation. If a subsequent promise is made to pay for these benefits the promise is unenforceable. A moral obligation is a sufficient consideration to support a subsequent promise to pay where the promisor has received a material benefit, although there was no original duty or liability resting on the promisor. 87 does not impose the requirement that the promise giving rise to the cause of action must be so comprehensive so as to meet the requirements of an offer. Promissory estoppel can sustain a cause of action despite the absence of an intent to be bound.
Promissory estoppel is more than an equivalent of or a substitute for consideration.
A promise which is conditioned upon the whim of the promisor is not consideration. Such a promise is called an illusory promise. The trend of the courts is to avoid construing promises as illusory by, whenever possible, implying conditions of good faith and best efforts in the absence of express language in the contract. An example of this would be found in the case of Wood v. Lucy, Lady Duff-Gordon. In that case, Lady Duff Gordon , argued that she was free to break a contract because the other partys promise to perform was illusory resulting in a lack of mutual obligation.