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...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 ...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." ( ..., J.
Joseph Toscano sued Greene Music (Greene) for promissory estoppel stemming from Greene's...
...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...
...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 ....)
A general analysis of the various modes of measuring the plaintiff's recovery in promissory estoppel cases occurs in Note, Promissory ...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...
...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...
...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 res.... 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...
...seq., sec. 140; Boyer, Promissory Estoppel: Requirements and Limitations of the Doctrine, 98 University of Pennsylvania Law Review (1950), 459; Seavey, Reliance Upon G....
For expression of the opposite view, that courts in promissory-estoppel cases should trea...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...
...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...
..., 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...
...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 — i...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...
...] 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).)
T..., 219 Cal.Rptr. 62, italics added.) Promissory estoppel, we said, is “a ‘ peculiarly equitable doctrine.’ ” ( Ibid.; see also Toscano v. Greene Music (200...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 cl...
...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...
...., 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...
...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 d...specifically rejected the restrictive approach urged by defendant here and authorized the award of lost profits in promissory estoppel cases in...
...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. ...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...
MOTIONS (Beta)
...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 p...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 fo...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...
..., 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...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...
...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...
...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...
.... 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 app...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...
..."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....
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 elemen...