promissory estoppel may not be used as a consideration substitute

302 results for promissory estoppel may not be used as a consideration substitute

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  • 821 F.2d 897 (2nd Cir. 1987), 680, Middle East Banking Co. v. State Street Bank Intern.

    ... itself states that the Indemnity can only be used when a payment has been sent to the wrong bank. ... of the funds, there is no equitable consideration that would satisfy the requirements of the third ...Reliance is a necessary element of promissory estoppel, which, in certain contexts, may serve s a substitute for consideration. See Allegheny College v. ...

  • 450 F.3d 1082 (10th Cir. 2006), 02-4105, Initiative & Referendum Institute v. Walker

    ...Meanwhile, they used the threat of a statewide wildlife initiative as ... subjective 'chill' are not an adequate substitute for a claim of specific present objective harm or ... need to open the door to merits considerations at the jurisdictional stage. For example, a ... to a state court's application of promissory estoppel to a newspaper's promise of anonymity to ...

  • 317 F.3d 646 (6th Cir. 2003), 99-4099, Morrison v. Circuit City Stores, Inc.

    ... violation of Ohio public policy, and a promissory estoppel claim. Circuit City removed the case to ... arbitral cost allocation scheme may not be used to prevent effective vindication of federal ... provide litigants with an effective substitute for the judicial forum; if the fees and costs of ... because it is unsupported by consideration and because there is no mutuality of obligation. ...

  • 996 F.2d 1111 (11th Cir. 1993), 92-2678, Cavaliere v. Allstate Ins. Co.

    ... alleging negligence, slander, and promissory estoppel. The case was removed on diversity ... this court appear to foreclose our consideration of this question. Rule 6(b), F.R.Civ.P., has been ... of 'service,' whether or not the mails were used to transmit the judgment from the Clerk to a ... the use of a Rule 60(b) motion as a substitute for a proper and timely appeal." Burnside v. ...

  • 837 F.2d 155 (4th Cir. 1988), 87-2580, Higgins v. Scherr

    ... contract, for quantum meruit, and on a promissory estoppel theory. Higgins alleged that over ... site for purchase by Scherr of a farm to be used for horse breeding and training purposes. Higgins ... than" compensation and sometimes as "a substitute for" compensation. Since the case must be ..., for if he fails in proving consideration and, therefore, loses as to his claims of breach ...

  • 595 F.2d 105 (2nd Cir. 1979), 728, MacEdward v. Northern Elec. Co., Ltd.

    ... of Frauds first, by the doctrine of promissory estoppel based on MacEdward's change of position ... the doctrine of promissory estoppel may be used so as to bar the defense of the Statute of Frauds ... the use of promissory estoppel as a substitute for a missing element of consideration in ...

  • 493 F.3d 1021 (9th Cir. 2007), 05-10575, United States v. Sine

    ..."Lenders" would receive a promissory note prepared by Sine as Alpha's lawyer and ... the shady nature of the legal tactics Sine used in trying to recover on behalf of Alpha Trust. ... was itself pertinent to the jury's consideration of the good faith defense, because a successful ... confines of res judicata and collateral estoppel," which was noted, with approval, by the drafters ... effect of the order--its potential to substitute Judge Carr's evaluation of Sine's credibility for ...

  • 388 F.3d 39 (2nd Cir. 2004), 03-7792, Motorola Credit Corp. v. Uzan

    ... had committed common law fraud, promissory fraud, and civil conspiracy under Illinois law; ...-related issues presented for our consideration, we entered an order on August 11, 2004 altering ... First, they contend that the doctrine of estoppel prevents plaintiffs from resisting arbitration. ... the real culprits, the Uzans, who simply used Telsim as a front to commit the instant fraud." ... pending arbitration, and appointing substitute arbitrators under Section 5 of the FAA. See ...

  • 888 F.2d 1497 (5th Cir. 1989), 88-1618, Savers Federal Sav. & Loan Ass'n v. Reetz

    ... on their written guaranty of a promissory note (the Note) payable to Savers and executed by ... 362 of the Bankruptcy Code, and the substitute trustee in the deed of trust on the Richardson ... sale; that inadequacy of the consideration received on the foreclosure sale cannot alone ... Fuller's Olney opinion reflects that Home, "used its [foreclosure] bid price of $150,000 in order ... accelerate, or formed the basis for an estoppel preventing demand or acceleration, or rendered ...

  • Legal autopsies: assessing the performance of judges and lawyers through the window of leading contract cases.

    ... disputes within the family and perhaps promissory estoppel matters, where courts struggle to find ... its historically modest role as a consideration substitute to that of an independent cause of ..."While the psychiatrist used terms referring to 'rationality,"' Breitel wrote, ...

  • 889 F.2d 973 (11th Cir. 1989), 87-8916, Autrey v. United States

    ... in the form of a seven-year recourse promissory note. Under the terms of the promissory note the ... fee" promissory notes were simply used to help off-set the principal obligation of the ... BRANGUS RANCH, INC., for and in consideration of the sum of One Hundred Thousand ($100,000.00) ... . A. That's the reason I put the substitute in there. If you have the--the Ranch guaranteed ...It is too late in the day to argue that estoppel may confer jurisdiction on a court of limited ...

  • 73 CBJ 223. LABOR RELATIONS AND EMPLOYMENT LAW: 1998 DEVELOPMENTS IN CONNECTICUT.

    ...(fn9) Thus, in Brittell, the court used this standard to. review the trial court's ... for the plaintiff on the plaintiffs promissory estoppel claim, while at the. same time ... bargained-for consideration. (fn160) However, promissory estoppel is not a. ...(fn201) Since the court. may not substitute its judgment for that of the agency deciding the ...

  • 773 F.2d 1402 (2nd Cir. 1985), 1000, Amato v. Western Union Intern., Inc.

    ...         The formula used by Western Union to calculate the amount of the ... reversed and remanded for further consideration. We are unpersuaded by the additional ground ...         "Under the conference substitute, as under present law, all accrued benefits in a ...  (4) Third-Party Beneficiary/Equitable Estoppel.         Plaintiffs' tenth cause of ... the "basic" element of a claim of promissory estoppel that "an oral promise must be made ...

  • 426 F.2d 1005 (1st Cir. 1970), 7469, In re Las Colinas, Inc.

    ... interim financing in exchange for promissory notes secured by mortgages on certain portions of ... of law in the course of his consideration and determination of the case and as a part of ... a second line of credit for $500,000 to be used for the construction of forty-six houses in the ... been struck to make the advances and substitute the $750,000 mortgage. Contrary to his own ...We cannot agree. Collateral estoppel, even if applicable here, is an affirmative ...

  • 798 F.2d 949 (7th Cir. 1986), 85-1143, Kolentus v. Avco Corp.

    ... against Avco for breach of contract, estoppel, unjust enrichment, and fraud. The court held ...It is not intended as a substitute for the full text, and should any questions ...         4. Promissory Estoppel.         The plaintiffs argue ..., against public policy and without consideration.         In order to recover for unjust ...Avco, in keeping with the methodology used by the actuary, made quarterly normal ...

  • 632 F.2d 579 (5th Cir. 1980), 79-1058, Williamson v. Tucker

    ... number of purchasers, in exchange for promissory notes from the purchasers to the original owners ..., and if such was accomplished, to substitute a new note executed by all the joint venturers in ...In consideration of the transfer, the joint venturers executed and ...         Although the Court used the word "solely" in the Howey decision, it ... to allow the doctrines of collateral estoppel and res judicata to operate in future cases; and ...

  • 936 F.2d 1364 (1st Cir. 1991), 90-1096, Veranda Beach Club Ltd. Partnership v. Western Sur. Co.

    ... agents of the defendant insurers sold promissory notes secured by nonexistent policies, ... implicates the theory of agency by estoppel. "If a third person goes on to change his ... a letter to Eller on EWM's stationery; he used an office, telephone, and secretary provided to ... may return the jury for further consideration of its answers and verdict or may order a new ... environs of an algid record, to substitute our views for those of the jury. ...

  • 307 F.3d 197 (3rd Cir. 2002), 00-2772, Dun & Bradstreet Software Services, Inc. v. Grace Consulting, Inc.

    ... copied these proprietary materials and used the confidential information to solicit directly ... minimis defense; (3) waiver defense; (4) estoppel defense; (5) 17 U.S.C. § 117 defense; and (6) ... the credibility of the witnesses, or substitute its version of the facts for the jury's version. ... often circumscribed by extrinsic considerations such as (1) the mechanical specifications of the ...promissory estoppel claim because it has failed to identify ...

  • 208 F.3d 560 (6th Cir. 2000), 98-2187, Burilovich v Bd. Edu. Lincoln Consol. Schools

    ... requested that part of B.J.'s school time be used for DTT, but the district did not include DTT in ... means an invitation to the courts to substitute their own notions of sound educational policy for ...' suggestion that the doctrine of promissory estoppel should apply to Mr. Greiner's statements ... to take B.J.'s unique needs into consideration, asserting that the district proposed the IEP ...

  • 907 F.2d 1101 (11th Cir. 1990), 89-5185, Vernon v. Resolution Trust Corp.

    ... shares of common stock for a total consideration of $2,653,000. Vernon also set up an individual ...The term "liability" as used in this section does not refer to any obligation ... a situation in which a bank obtained a promissory note to prevent the bank's books from reflecting ..., and the affirmative defenses of waiver, estoppel, unjust enrichment, failure of consideration and ...We granted the RTC's motion to substitute itself as appellee; therefore our affirmance of ...

  • 448 F.3d 867 (6th Cir. 2006), 04-2505, Duha v. Agrium, Inc.

    ..., particularly in light of a proper consideration of the private interest factors governing the law ... and before then, Duha alleges that Agrium used his home in Michigan "as a means for purchasing ... sight of this rule," and improperly "substituted [their] own judgment for that of the District ... of good faith and fair dealing, promissory estoppel, wrongful termination, intentional ...

  • 706 F.2d 18 (1st Cir. 1983), 82-1635, Penntech Papers, Inc. v. N.L.R.B.

    ...at 463-65. The court may not substitute its judgment for that of the Board when the ...         III. Collateral Estoppel.         In Penntech Papers, the unions ... thus concluded, we now turn to a consideration" of the Board's single employer determination.  \xC2"... tax returns, Penntech's computers were used to process Kennebec's payroll and employee wage ... on March 17, 1977 regarding past due promissory notes in order to protect its lien interest in ...

  • 496 F.2d 1255 (4th Cir. 1974), 73-2227, Occidental Life Ins. Co. of North Carolina v. Pat Ryan & Associates, Inc.

    ..., Associates had to borrow $500,000 to be used to increase the capitalization of Virginia Surety ... to nullify those other remedies and substitute a penalty provision.           It is ... to raise the defenses of waiver and estoppel precludes consideration of those defenses. ... 1973) the court held that the personal promissory note given by the buyer in order to purchase ...

  • 410 F.3d 1250 (11th Cir. 2005), 04-12758, Solantic, LLC v. City of Neptune Beach

    ...   Solantic states that the EVMC sign "was used for, and is intended to be used for, commercial ... beliefs deserving of expression, consideration, and adherence. Our political system and cultural ..." that "may have no practical substitute," Ladue, 512 U.S. at 54, 57, 114 S.Ct. ... the Florida Constitution and raised a promissory estoppel claim, based on the City's grant of an ...

  • The parol evidence rule, the plain meaning rule, and the principles of contractual interpretation.

    .... Analysis of this issue requires consideration of the ways that courts can weigh different kinds ... in theory it is harder to prove promissory fraud than to prove breach of contract,(5) in ... Buyer sign a written contract for sale of a used automobile, that is detailed and looks complete, ... Although soft-PER may cause parties to substitute to nonlegal enforcement by increasing the cost of ... reproduced when courts allow promissory estoppel claims to circumvent the parol evidence rule. For ...