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Topic: Promissory estoppel

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	Promissory Estoppel (Site not responding. Last check: 2007-10-10)
		Estoppel is the doctrine that prevents a party from acting in a certain way because it is not equitable to do so.
		Promissory Estoppel is the doctrine that prevents a party from acting in a certian way because the first party promised not to, and the second party relied on that promise and acted upon it.
		Promissory estoppel requires (1) an unequivocal promise by words or conduct, (2) a change in position of the promisee as a result of the promise (not necessarily to anyone's detriment), (3) inequity if the promisor was to go back on the promise.
	encyclopedia.lawzilla.com /Promissory_estoppel.shtml (1234 words)

	Estoppel - Wikipedia, the free encyclopedia
		Estoppel is an equitable doctrine proposing that any person who asks the courts to enforce a legal remedy should have a clear conscience.
		Estoppel in English law is defined as: "a principle of justice and of equity.
		Estoppel by representation of fact and promissory estoppel are mutually exclusive: the former is based on a representation of existing fact (or of mixed fact and law), while the latter is based on a promise not to enforce some pre-existing right (i.e.
	en.wikipedia.org /wiki/Estoppel (3954 words)

	[No title]
		Before discussing cases in which promissory estoppel is used as a substitute for the formality of a bargain (in donative and then commercial settings), we discuss why the requirement of a bargain is a formality, rather than part of the very definition or essence of contract.
		When promissory estoppel is used to enforce an implicit bargain, courts tend to find reliance sufficient to support liability on the basis of promissory estoppel provided that the promisee has acted in a manner consistent with the terms of the implicit bargain.
		Promissory estoppel is often used to enforce implicitly firm offers*459 in one particular factual setting: subcontractors' bids to general contractors for use by the general contractor in preparing its bid on a prime contract.
	www.randybarnett.com /beyond.htm (8538 words)

	Promissory estoppel (Site not responding. Last check: 2007-10-10)
		Promissory estoppel is used where, although there may not otherwise be a enforceable contract, because one party has relied on the promise of the other, it would be unfair not to enforce the agreement.
		An example of promissory estoppel is where a foreign student declares that she is unable to return to college because she is unable to raise enough money to cover all the costs especially with textbooks costing so much and I agree to provide her with the necessary textbooks if she returns.
		In this case promissory estoppel substitutes for consideration and we have a binding contract.
	facstaff.gallaudet.edu /marshall.wick/bus447/promissory_estoppel.html (204 words)

	ca03-701
		He contends, however, that he is entitled to reside on the one acre for the remainder of his life under the theories of promissory estoppel and constructive trust, and that the circuit court erred in finding that he failed to prove those allegations.
		The doctrine of promissory estoppel may be asserted to prevent the application of the statute of frauds.
		Promissory estoppel may be invoked to enforce an oral contract, but cannot, as argued by Ron, be used to bolster the rights of the one who breached the contract.
	courts.state.ar.us /opinions/2004a/20040310/ca03-701.html (2513 words)

	estoppel; definition (Site not responding. Last check: 2007-10-10)
		Estoppel may even prevent a person from stating that something is true and, therefore, should be now acted on with a legal consequence, if that statement is inconsistent with a previously accepted statement.
		Estoppel by deed may arise when a seller does not have title at the time he purports to convey a property, but if he subsequently acquires title to that property, he would be estopped from then denying that title and transferring it as originally represented.
		Estoppel may be distinguished from ratification as the former induces a prejudicial action by another and is an equitable right, whereas ratification occurs after the event and is a matter of law.
	www.deltaalpha.com /terms/estoppel.html (889 words)

	Maracle v. Travellers Indemnity Co. of Canada, 1991 CanLII 58 (S.C.C.)
		This appeal is to determine whether the doctrine of promissory estoppel is an effective answer to the limitation period defence, and whether the insurer's admission of liability created a debtor-creditor relationship and thereby a separate contract between the insurer and the insured for which the limitation period would be six years.
		The party relying on the doctrine of promissory estoppel must establish that the other party has, by words or conduct, made a promise or assurance which was intended to affect their legal relationship and to be acted on.
		Promissory estoppel can prevent the insurer from relying on a limitation period where there has been either (1) an admission of liability of [sic: "or"] (2) a promise not to rely on the limitation period relied on by the insured....
	www.canlii.org /ca/cas/scc/1991/1991scc49.html (2940 words)

	Promissory Estoppel and the Statute of Frauds in Missouri (Site not responding. Last check: 2007-10-10)
		Promissory Estoppel and the Statute of Frauds in Missouri
		Promissory estoppel and the Statute of Frauds serve as counterweights to one another on the scales of justice, with the benefits of each intended to hold in check the potential evils of the other.
		Promissory estoppel developed in Missouri primarily not as an exception to the Statute of Frauds but as a rationale for enforcing a promise in the absence of bargained-for consideration, where doing so was necessary to avoid injustice.
	www.mobar.org /journal/2002/mayjun/luepke.htm (4106 words)

	Promissory estoppel (Site not responding. Last check: 2007-10-10)
		Promissory estoppel requires (1) an unequivocal promise by words or conduct, (2) a change in.
		Estoppel is a legal doctrine proposing that any person who asks the courts to enforce a legal remedy should have a clear conscience.
		Under the modern doctrine of promissory estoppel, as it is applied in preliminary.
	phentermine.zalp.net /page-promissory-estoppel.html (460 words)

	There cannot be estoppel against statute
		In this case, the doctrine of promissory estoppel was applied to the executive action of the state government and the doctrine of executive necessity was denied to the state as a valid defence.
		The doctrine of promissory estoppel would be displaced in such a case because, on the facts, equity would not require that the Government should be held bound by the promise made by it.
		It is settled law that the promissory estoppel cannot be used for compelling the government or a public authority to carry out a representation or promise which is prohibited by law or which was devoid of the authority or power of the officer of the government or the public authority to make.
	www.expressindia.com /fe/daily/20000731/fco31042.html (982 words)

	38 Wn. App. 50, FARM CROP ENERGY v. OLD NATIONAL BANK
		Promissory estoppel and equitable estoppel both require an act or statement by one person which causes another to take action or change his position in reliance thereon and injustice if the first person is permitted to repudiate his statement or act.
		Equitable estoppel is used properly as a defense when a plaintiff asserts the theory to prevent a defendant from insisting on the performance of conditions before allowing the plaintiff to recover.
		Promissory estoppel is used to avoid injury when parties have failed to properly form a contract but one party has acted in reliance on the promise of another.
	www.mrsc.org /mc/courts/appellate/038wnapp/038wnapp0050.htm (3058 words)

	MCJI Chapter 130
		These instructions are not applicable in cases involving a defense of equitable estoppel because the elements are different from the elements of a cause of action for damages based on promissory estoppel.
		Certainly the avoidance of injustice requirement of promissory estoppel is equitable in nature and presents a policy decision for the court, not a question of fact for the jury.
		Promissory estoppel is not available as a cause of action for a person who suffers an injury relying on an enforceable contract promise because the usual remedies for breach of contract apply.
	courts.michigan.gov /mcji/promissory-estoppel/printCh130.htm (795 words)

	94 Wn.2d 255, KLINKE v. FAMOUS FRIED CHICKEN
		Equitable estoppel is generally a defense whereas promissory estoppel may be the basis for recovery of damages.
		Supreme Court: Holding that promissory estoppel is applicable solely because of a promise to reduce the oral agreement to writing, the court AFFIRMS the Court of Appeals decision.
		The Court of Appeals, Division Two, reversed the trial court, holding that: (1) the theories of equitable or promissory estoppel are available to prevent assertion of the statute of frauds defense, and (2) Paul Klinke's evidence was sufficient to permit submission of the case to the jury under these theories.
	www.mrsc.org /mc/courts/supreme/094wn2d/094wn2d0255.htm (2263 words)

	Michigan Appellate Digest - 92311 State Bank of Standish v Curry (Site not responding. Last check: 2007-10-10)
		Promissory estoppel involves a promise which a promisor reasonably expects to induce, and which does induce, another's person's action or forbearance.
		Promissory estoppel protects the ability of individuals to trust promises when trust is essential.
		In a promissory estoppel action, the existence and scope of a promise are questions of fact.
	courtofappeals.mijud.net /Digest/newHTML/9231111.htm (769 words)

	No. 5-04-0016, DeWitt v. Fleming
		Because we conclude that promissory estoppel may be used as a defense but not as a cause of action, we reverse the judgment of the trial court.
		In Illinois, to establish a claim based on promissory estoppel, a plaintiff must allege and prove that (i) defendant made an unambiguous promise to plaintiff, (ii) plaintiff relied on such promise, (iii) plaintiff's reliance was expected and foreseeable by defendant, and (iv) plaintiff relied on the promise to its detriment.
		To establish a claim based on promissory estoppel, plaintiff must allege and prove that (1) defendants made an unambiguous promise to plaintiff, (2) plaintiff relied on such promise, (3) plaintiff's reliance was expected and foreseeable by defendants, and (4) plaintiff relied on the promise to its detriment.
	www.state.il.us /court/Opinions/AppellateCourt/2005/5thDistrict/April/Html/5040016.htm (2469 words)

	SSRN-The Unfulfilled Promise of Promissory Estoppel in the Employment Setting by Robert Hillman
		Although the theory of promissory estoppel enforces promises that induce reasonable detrimental reliance, this article reveals the theory's colossal failure in the non-union employment setting.
		This conclusion is based on an examination of all of the reported decisions in the United States that discussed promissory estoppel over a two-year period in the mid 1990's.
		Promissory estoppel therefore has failed to fulfill its promise to afford non-union employees greater legal protection in the workplace.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=142688 (339 words)

	Michigan Appellate Digest - 128998 Hoye v Westfield Insurance Co (Site not responding. Last check: 2007-10-10)
		Equitable estoppel arises when a party, by representations, admissions, or silence, intentionally or negligently induces another party to believe facts, and the other party justifiably relies and acts on this belief and will be prejudiced if the first party is permitted to deny the existence of those facts.
		The major distinction between equitable estoppel and promissory estoppel is that equitable estoppel is available only as a defense, while promissory estoppel can be used as a cause of action for damages.
		The plaintiff's claim in estoppel does not exist, but he should be permitted to amend his claim to state a cause of action in negligence or fraud.
	courtofappeals.mijud.net /Digest/newHTML/12899821.htm (298 words)

	Estoppel
		Estoppel is the thing that prevents a party from acting in a certain way because it is not equitable to do so.
		In High Trees the plaintiff company was able to restore payment of full rent (although estopped back rent was lost) from early 1945, but probably could have restored full rent at any time after the initial promise provided a suitable period of notice had been given.
		A promise which the promisor should reasonably expect to induce action or forebearance of a definite and substantial character on the part of the promisee and which does induce such action or forebearance in binding if injustice can be avoided only by enforcement of the promise.
	www.sciencedaily.com /encyclopedia/estoppel (1153 words)

	[No title]
		This was effectively refuted by a study of 4 promissory* estoppel cases by Robert Hillman in which he found that the absence of reliance was dispositive in 25% of the cases in which promissory estoppel claims were denied.
		This was taken to signal that promissory estoppel was not the "substitute for consideration" that Samuel Williston explicitly, and the *5 Restatements implicitly, conceived it to be.
		It does not answer the normative question of whether promissory estoppel actions should be limited to cases where detrimental reliance can be proved or should extend to any manifestation of intention to be legally bound whether bargained-for or not, and whether relied upon or not.
	www.bu.edu /rbarnett/whither.htm (4202 words)

	CW Resource (Site not responding. Last check: 2007-10-10)
		Promissory estoppel is the doctrine in which a non-contractual promise may be made enforceable to avoid an injustice.
		Promissory estoppel is a prime example of judicial activism.
		You may also want to look into others types of estoppel and the uses, such as: estoppel by deed, estoppel by conduct, estoppel by agreement or convention, estoppel by representation, proprietary estoppel, etc. For a review of various cases in involving the use estoppel see click here.
	myphlip.pearsoncmg.com /cw/mpviewce.cfm?vceid=1918 (683 words)

	University of Memphis Law Review, The: Origins of Promissory Estoppel: Justifiable Reliance and Commercial Uncertainty ...
		Between the early 1860s and the 1926 proposal for a promissory estoppel section in the Restatement of the Law of Contracts (Restatement), American courts, with some regularity, granted justifiable reliance relief on commercial promises designed to adjust to uncertain conditions.
		Promissory innovations in the form of open-ended language, unilateral contract offers, atwill relations, and the more frequent need to modify contract terms butted up against traditional contract doctrine developed during earlier, more static times.
		This study of the commercial roots of promissory estoppel begins in Section II with an extension of this Introduction as a means to furnish background regarding the early sources of the justifiable reliance principle existing at law and in equity prior to the mid-nineteenth century.
	www.findarticles.com /p/articles/mi_qa3843/is_200404/ai_n9364098 (1063 words)

	The Hindu Business Line : The spirit of promissory estoppel
		Promissory estoppel is not limited only to cases where there is some contractual relationship or other pre-existing legal relationship between the parties.
		Since the doctrine of promissory estoppel is an equitable doctrine, it must yield when the equity so requires.
		Promissory estoppel cannot be used to compel the government or a public authority to carry out a representation or promise which is contrary to law or which was outside the authority or power of the officer of the government or of the public authority to make.
	www.thehindubusinessline.com /2004/09/04/stories/2004090400080800.htm (1022 words)

	Gonsalves v. Nissan Motor Corporation in Hawaii, Ltd. (Opinion by J. Acoba, Concurring in Part and Dissenting in Part)
		The elements of promissory estoppel pursuant to § 90 are:
		The doctrine of promissory estoppel may modify an employment relationship that is otherwise terminable at will.
		In that report, she recommended that Gonsalves "be counseled about his unacceptable behavior and disciplined in a manner to assure that there's no reoccurence." Thus, under the circumstances of this case, enforcement of the promises made to Gonsalves would not "constitute a disavowal of [Defendant's] legal obligations" or a violation of public policy.
	www.state.hi.us /jud/23505con.htm (3184 words)

	What is the doctrine of consideration? Explain its relationship to the equitable doctrine of promissory estoppel.
		Equitable rules have developed therefore to address this clear problem in the form of reliance, with promissory estoppel providing a means to which individuals can ensure they are not exploited when they offer no consideration.
		If someone relies on a false statement, which they treat as a promise, as was the case in Hughes v Metropolitan Railway Co[14], promissory estoppel can be used when there is no consideration as protection.
		Promissory estoppel cannot however, be used as a cause of action (or a sword), as can be seen in Combe v Combe[15], as this
	www.coursework.info /i/47052.html (396 words)

	SurfWax: News, Reviews and Articles On Promissory Estoppel
		But the promissory estoppel claim -- that he went to work in reliance on the promise to leave him $1 million -- was sufficient at least to...
		Since Cripps was unable to prove elements of fraud or promissory estoppel, he had no legal leg to stand on.
		Promissory Estoppel is also the name of the Pitchfork house band which plays, for a modest fee, on holidays and other special occasions, a very special blend of polka and death metal.
	www.lawkt.com /files/Promissory_Estoppel.html (851 words)

	A1_03_34_33.htm
		Additionally, the Court found that the Plaintiff had failed to satisfy the elements necessary to invoke either the doctrine of equitable estoppel or the doctrine of promissory estoppel.
		However, the doctrines of promissory estoppel and equitable estoppel may bar the assertion of a statute of frauds defense.
		However, under the doctrine of promissory estoppel, the agreement must be “clear, definite, and unambiguous as to essential terms” before the doctrine of promissory estoppel will be invoked.
	www.ndd.uscourts.gov /dndopinions/html/A1_03_34_33.htm (1622 words)

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