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Cases cited for the legal proposition you have searched for.

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1

...former employer as a component of reliance damages. Greene maintains this measure of recovery is consistent with the equitable nature of promissory estoppel and with the trend in promissory estoppel cases permitting...defendant contended the "loss of profits" damage award was error because promissory estoppel damages "should be limited to those sums actually incurred by the promisee in reliance on the promise." ( Signal Hill, supra, 96 Cal.App.3d at p. 640.) The Court of Appeal rejected that argument, noting that the California Supreme Court has emphasized the exercise of judicial discretion in promissory estoppel cases to..., J. Joseph Toscano sued Greene Music (Greene) for promissory estoppel stemming from Greene's...


Court: Court of Appeal of California, Fourth District, Division One.
Date: Dec 2, 2004 Cited By: 166 Coram: 1
2

...being treated as one for breach of contract rather than a promissory estoppel are hard to predict. I do note, however, that Corbin on Contracts, in describing Delaware promissory estoppel cases, begins...by saying "Sometimes less is more." This implies that plaintiffs who succeed in arguing promissory estoppel in Delaware are awarded greater damages than if their cases were analyzed as enforceable...pay closer attention to the distinction between contract and promissory estoppel in particular cases and to award remedies in cases of promissory estoppel with the same "conservative judgment and...


Court: Supreme Court of Delaware.
Date: Mar 24, 2000 Cited By: 235 Coram: 1
3

...essentially one of promissory estoppel. (See Claverie v. American Casualty Co. of Reading, Pa. (4th Cir. 1935) 76 F.2d 570, 572.) And, as frequently happens in promissory estoppel cases, the....) A general analysis of the various modes of measuring the plaintiff's recovery in promissory estoppel cases occurs in Note, Promissory Estoppel in California (1953) 5 Stan.L.Rev...for damages against the insurer. Nor do the cases cited by defendant holding that "estoppel cannot operate as against positive law or public policy" (e.g., Industrial...


Court: Supreme Court of California.In Bank.
Date: Aug 13, 1964 Cited By: 123 Coram: 2
4

...in promissory estoppel cases "full-scale enforcement by normal remedies is often appropriate" but "relief may sometimes be limited to restitution or to damages or specific relief measured by the...this action on the theories of breach of contract, promissory estoppel, unjust enrichment, equitable estoppel and fraud. After an unsuccessful motion for summary judgment, defendant appealed and this...Court dismissed all of plaintiffs causes of action except that based upon promissory estoppel ( id. at 984, 988-989). A trial date was set for April 23, 2007 and, prior to trial, defendant made...


Court: Appellate Division of the Supreme Court of New York, Third Department.
Date: May 8, 2008 Cited By: 26 Coram: 1
5

...Cal.3d at p. 8, italics omitted.) We could locate no reported cases in California that have analyzed whether a plaintiff on a promissory estoppel claim must prove that the...) 51 Del. 264 [ 144 A.2d 123, 134] [lost profits on promissory estoppel claim recoverable because they were "a direct result of the breach"].) However, a more in-depth analysis of the issue is required here as the question of whether a plaintiff must prove causation on a promissory estoppel claim has been directly raised. Cases have.... at p. 640, second third italics added.) In awarding the full measure of contract damages the court also noted the power of courts to "exercise . . . judicial discretion in promissory estoppel cases to...


Court: Court of Appeal of California, Fourth District, Division One.
Date: May 25, 2005 Cited By: 310
6

...seq., sec. 140; Boyer, Promissory Estoppel: Requirements and Limitations of the Doctrine, 98 University of Pennsylvania Law Review (1950), 459; Seavey, Reliance Upon Gratuitous Promises or Other Conduct, 64 Harvard Law Review (1951), 913; Annos. 115 A.L.R. 152, and 48 A.L.R.2d 1069. Among the many cases which.... For expression of the opposite view, that courts in promissory-estoppel cases should treat them as ordinary breach of contract cases and allow the full amount of damages recoverable in the...appeal and cross appeal present these questions: (1) Whether this court should recognize causes of action grounded on promissory estoppel as exemplified by sec. 90 of...


Court: Supreme Court of Wisconsin.
Date: Mar 2, 1965 Cited By: 195
7

...demonstrate the application of reliance damages in promissory estoppel cases. In Hoffman v. Red Owl Stores, Inc., 26 Wis. 2d 683.... (Newton), brought suit against defendants, Kubota Tractor Corporation and Michael Jacobson, a local Kubota representative (collectively, Kubota) on counts of promissory estoppel, common law fraud, and...whether promissory estoppel is a recognized cause of action in Illinois and, if so, whether Newton has sufficiently established a genuine issue of material fact so as to survive Kubota's motion for...


Court: Supreme Court of Illinois.
Date: Apr 2, 2009 Cited By: 150 Coram: 6
8

..., defendants have urged us, without specifying either promissory or equitable estoppel, to apply the reasoning of certain promissory estoppel cases cited by them. Thus, it is necessary for us to consider...). We have given careful consideration to the various views of the application of promissory estoppel to cases involving oral contracts and hold that, under the facts of this particular case...future purchase — defenses not available. 2. Neither promissory nor equitable estoppel is available under the facts of this case to take the oral agreement out...


Court: Supreme Court of Minnesota.
Date: May 30, 1975 Cited By: 124 Coram: 1
9

...this ruling here. It further held that the trial court acted within its discretion in awarding lost profits under a promissory estoppel theory. It stated, "We see no reason to draw a bright line in public works cases to....3d at pp. 104-105.) The court further stated, "the damages that Argo may recover in promissory estoppel might well be limited to those it sustained directly by reason of its justifiable reliance upon the Authority's promise — in other words, to the expenses it incurred in its fruitless participation in the competitive bidding process. . . . Other courts have taken this view in cases which...really promissory estoppel cases. . . . [¶] We hold that Argo stated . . . facts sufficient to constitute a cause of action in promissory estoppel against the public entities. What recovery Argo may...


Court: Supreme Court of California
Date: Jun 12, 2000 Cited By: 234 Coram: 1
10

...] succeeded and failed to succeed in its contentions.’ ” ( Ibid.) The dispositive issue, then, is whether a claim based on a theory of promissory estoppel is a claim “on a contract.” (§ 1717, subd. (a).) The parties have not cited, and we have not found, any published California case that has decided whether a promissory estoppel action is “an action on a contract” within the meaning of section 1717. We therefore look for guidance to cases interpreting..., 219 Cal.Rptr. 62, italics added.) Promissory estoppel, we said, is “a ‘ peculiarly equitable doctrine.’ ” ( Ibid.; see also Toscano v. Greene Music (2004) 124 Cal.App.4th 685, 693, 21 Cal.Rptr.3d 732 [noting “equitable underpinnings” and “equitable nature” of promissory estoppel].) The California appellate cases thus...language of [the statute] allows the court to award attorney's fees only when a party has a valid oral or written contract claim. [Citation.] When a party recovers on a promissory estoppel claim, it does not have a valid contract claim.” ( Id. at p. 639.) More recent opinions from the Texas Court of Appeals have split on the issue of the recoverability of attorney fees in promissory estoppel cases. In...


Court: Court of Appeal, Fourth District, Division 1, California.
Date: Nov 20, 2012 Cited By: 136 Coram: 1
11

...equitable measure of damages in certain promissory estoppel cases. (1A Corbin, Contracts (1963) § 200, p. 221.) The last sentence of the already quoted proposed Restatement subdivision — "the remedy...second in contract (promissory estoppel) and the third for declaratory relief. The last cause of action was pled against Swinerton as well. We shall now consider whether Argo..., 37 A.L.R.3d 109]; Annot. (1956) Promissory Estoppel, 48 A.L.R.2d 1069, 1086...


Court: Court of Appeal of California, Second District, Division Three.
Date: Jun 26, 1974 Cited By: 52
12

...., 576 P.2d 97, 102 (Alaska 1978). A fourth element, most often explicitly stated in promissory estoppel cases, is that the estoppel will be enforced only to the extent that justice so requires.... II. The traditional rule is that estoppel may not be invoked against a municipality which has erroneously issued a building permit in...estoppel against municipalities when the public officer has performed in an irregular manner, but has not acted ultra vires or outside his legal authority...


Court: Supreme Court of Alaska.
Date: Jul 6, 1984 Cited By: 53
13

...is a method of establishing contractual liability, the statute of frauds should be no less applicable than if the contract were supported by consideration or a seal rather than by promissory estoppel. A/S Apothekernes Laboratorium for Specialpraeparater v. I.M.C. Chemical Group, Inc., 725 F.2d 1140, 1142 (7th Cir. 1984). On the other side it can be argued that promissory estoppel is deliberately open-ended, and should therefore remain available to overcome, in appropriate cases, possible...of the UCC statute of frauds was inapplicable to promissory estoppel cases. Janke Construction Co. v. Vulcan Materials Co., 386 F. Supp...affirming we cut loose promissory estoppel from contract law, thus answering the second argument in favor of applying the statute of frauds in promissory estoppel cases. Id. at 777. See also 2...


Court: United States Court of Appeals, Seventh Circuit.
Date: May 1, 1991 Cited By: 53 Coram: 1
14

...reliance" for recovery under promissory estoppel. Defendant relies on numerous construction cases from other jurisdictions in which the doctrine has been applied, in each of which the subcontractor...repudiated his bid after the general contractor was awarded the prime contract. While that is the more common situation in construction bid cases invoking promissory estoppel, we do not find any of the precedents cited by defendant to undermine plaintiff's position here; none of these cases requires...specifically rejected the restrictive approach urged by defendant here and authorized the award of lost profits in promissory estoppel cases in...


Court: Appellate Court of Illinois, First District. Third Division Affirmed in part, and reversed in part and remanded.
Date: Aug 10, 1983 Cited By: 16 Coram: 1
15

...the first time considered the scope of damages available under promissory estoppel. There, the court held that courts may award such damages as justice requires to make the promisee whole relative to how he or she stood before the promisor made the promise, that is, that courts should award reliance damages in promissory-estoppel cases. Id...transition from using promissory estoppel as a substitute for consideration in a contract action to treating promissory estoppel as a claim independent of contract (a quasi-contractual action) to recover damages for detrimental reliance. See 3 Corbin on Contracts § 8.11. Two principles guide Alabama courts when crafting remedies in promissory-estoppel cases. First...whether to award specific performance, the court must also ensure that the consideration warrants such a remedy. Welton, 135 So. at 335. In promissory-estoppel cases, there is no...


Court: United States District Court, M.D. Alabama.
Date: Aug 1, 2006 Cited By: 7 Coram: 1
16

..., 251 S.E.2d 274, 276 (1978). The plaintiffs have two other strings to their bow. The first is promissory estoppel. If an unambiguous promise is made in circumstances calculated to induce reliance, and it does so, the promisee if hurt as a result can recover damages. See, e.g., Yardley v. Yardley, 137 Ill.App.3d 747, 754, 92 Ill.Dec. 142, 147, 484 N.E.2d 873, 878 (1985), and cases cited...Specialpraeparater v. I.M.C. Chemical Group, Inc., 725 F.2d 1140, 1142 (7th Cir. 1984). Some cases do award just the tort measure of damages in promissory estoppel cases, rather than giving the plaintiff...in promissory estoppel cases. We hesitate to rely on Bennett because there is a question whether it is a correct statement of Illinois law. Two decisions of the Illinois Supreme Court had...


Court: United States Court of Appeals, Seventh Circuit.
Date: Apr 14, 1986 Cited By: 105 Coram: 1
17

...breach of contract, A is alleging that B violated an obligation that B intended to be legally enforceable. In promissory estoppel cases, courts simply infer that intention not from consideration but...that it be enforceable, it has implicitly agreed to an alteration in such baseline. Indeed, promissory estoppel developed in part out of cases in...describes a theory of recovery often known as promissory estoppel. At oral argument, counsel for Barnes acknowledged that its tort claim might be "recast" in terms of promissory estoppel. We think it might...


Court: UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Date: May 7, 2009 Cited By: 144 Coram: 1
18

...estoppel, where a contract exists, must be determined on a case-by-case basis. Alpine Valley raises one final argument. It asserts that applying the promissory estoppel doctrine in cases where...promissory estoppel doctrine is admissible. Damages In awarding damages in promissory estoppel cases, this court stated in Hoffman.... Eric W. Kramer (plaintiff) brought this action seeking monetary damages on alternative theories of promissory estoppel and breach of contract. Defendants, Alpine Valley Resort, Inc...


Court: Supreme Court of Wisconsin.
Date: Jul 2, 1982 Cited By: 51
19

.... Restatement (Second) of Contracts § 139(1) (1981). In light of our resolution of the statute of frauds issue presented here, we need not reach the issue whether promissory estoppel would apply even if the statute of frauds was applicable nor do we need to reconsider the Tiffany decision at this time. ¶ 38 Subcontractor cites two additional cases that...not, as a matter of law, support awarding fees in promissory estoppel cases. Alternatively, Subcontractor argued that the court should award a lesser amount of fees than General Contractor had...Construction L.L.C., a subcontractor, appeals a judgment awarding damages to Double AA Builders, Ltd., a general contractor, on a promissory estoppel claim. Double AA cross-appeals the trial court's...


Court: Court of Appeals of Arizona.
Date: Jun 28, 2005 Cited By: 77
20

..."take nothing" judgment for Margie against Isbell. Frank appeals contending (1) the theory of promissory estoppel does not apply to these facts because there was no substantial and detrimental reliance by Margie, (2) the proper measure of damages in promissory estoppel cases is.... Frank set up a Statute of Frauds defense to the enforcement of the contract. Margie contended the doctrine of promissory estoppel barred Frank from raising the Statute of Frauds. The jury..., 492 S.W.2d 934 (Tex. 1973) set out the parameters of the promissory estoppel doctrine. Reliance, by the promisee, of a definite and substantial character, is an essential element...


Court: Court of Civil Appeals of Texas, Houston, Fourteenth District.
Date: Jul 1, 1981 Cited By: 3 Coram: 1

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