Like many doctrines of the law, promissory estoppel
is not defined
Since it is possible to characterize these three situations, promissory estoppel
, contractual rescission and replacement, and Robiehaud practical benefit, as situations outside the doctrine of consideration, and therefore as a challenge to the orthodox requirement of consideration and to knowing when consideration is required for the enforcement of promises, it remains to ask whether there are other factual situations closer to the contractual modification paradigm where slight changes to existing ongoing contracts are at issue of the sort associated with Gilbert Steel when the price change was the only issue, as was the case in Roffey also.
Kubota asserted two grounds on which it urged the court to decline to recognize promissory estoppel
as an affirmative cause of action.
151) Equitable estoppel is essentially the merger of promissory estoppel
, conventional estoppel, and proprietary estoppel into one coherent doctrine that allows estoppel to be used as a cause of action but that limits recovery for reliance, as opposed to expectation, losses.
As to the kind of promises that a plaintiff needs to establish, the law is that a vague or indefinite promise of future employment does not support promissory estoppel
1993) (explaining that virtual adoption "is in the nature of promissory estoppel
or breach of an oral contract to adopt").
A regulatory perspective is useful in analyzing many of the rules of contract formation, but one doctrine it particularly helps illuminate is promissory estoppel
86) Cohen then sued the newspapers under a promissory estoppel
17) Indeed, the court's definition actually closely resembles the contract-law concept of promissory estoppel
, which holds that a promise becomes binding when the promisee suffers detriment in reliance on such promise, even if such detriment was not requested by the promisor as consideration.
Markel has handled numerous arbitrations before the Financial Industry Regulatory Authority (FINRA) for, among other claims, wrongful discharge, breach of contract, promissory estoppel
, tortious interference, quantum meruit and unjust enrichment, and violations of state labor law.
Nurse Dolan appealed only as to her claims for wrongful/retaliatory termination and promissory estoppel
The patient brought suit against the hospital and attending physicians, asserting medical malpractice, negligent infliction of emotional distress, and promissory estoppel
claims for the dissection of her stillborn, nonviable fetus, which was conducted despite her express instructions to the contrary.