Despite the potential influx in litigation against cruise lines for the medical negligence of its on-board staff, plaintiffs still must establish sufficient facts to prove either an actual agency relationship or detrimental reliance
on a reasonable belief of an agency relationship.
Many courts have interpreted the doctrine so broadly as to give non-signatories virtually the exact same rights under the contract as a signatory, and have omitted basic limitations on the breadth of estoppel, such as the requirements of misrepresentation and detrimental reliance
For example, an idea such as detrimental reliance
, introduced into the Civil Code for the first time in 1984, can scarcely survive outside the courts; a plea of detrimental reliance
is a trial lawyer's tactic for salvaging some value from a contract suffering from a possibly fatal flaw.
relied upon, not in the detrimental reliance
Again, the court found that NAV could not succeed on the detrimental reliance
argument that it incurred losses as a result of reliance on the airport's promise to pay because promissory estoppel can only be invoked as a shield and not as a sword; NAV cannot rely on its own detrimental reliance
on the airport's gratuitous promise.
Beswick will be able to launch an action against her nephew, if he assumed responsibility to her to perform his promise and this failure to perform caused her to surfer reasonably foreseeable detrimental reliance
Fraud" does not include conduct which, although characterized as "fraudulent" by statute or administrative rule, lacks an element of scienter, deceit, intent to mislead, or knowing failure to correct misrepresentations which can be reasonably expected to induce detrimental reliance
However, unless it is always unjust for someone to suffer detriment in reliance upon a broken promise, the bottom-line problem is to determine just when it would be unjust to allow such detrimental reliance
to go without compensation.
35) Accordingly, he contended, there is no detrimental reliance
that counsels against its overturn.
Before any detrimental reliance
, the reader is urged to obtain consultation, advice, and opinions from licensed professionals.
The court also went on to note that the taxpayer did not rely upon the waiver to establish any detrimental reliance
because the director issued an order to return the money within weeks of its disbursement.
Dallas 1987, writ denied) ("[T]he courts have developed the related concept of `quasi-estoppel,' in which false representation and detrimental reliance
need not be shown.