promissory estoppel may not be used as a consideration substitute

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

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  • 697 F.2d 473 (2nd Cir. 1982), 273, Blake v. C.I.R.

    ..."then sold same," and that $675,000 "is to be used to purchase the yacht AMERICA and the remainder ... purchase the America under a theory of promissory estoppel on the facts of this case. Under this ... reliance by invoking the doctrine as a substitute, so to speak, for consideration. See Allen v. ...

  • 24 F.3d 320 (1st Cir. 1994), 93-1766, United States ex rel. S. Prawer and Co. v. Fleet Bank of Maine

    ...After careful consideration" of the arguments presented, we reverse.     \xC2"... among the transferred assets were five promissory notes, totalling approximately $1.1 million, ... (an FDIC staff attorney)--"created and used, or caused to be created and used, false records ...4 (1990) ("Plaintiff cannot in effect substitute, as against the third-party defendant, another ...         65.5. Collateral estoppel.         68.5. New trial. . 31 USCS ...

  • 896 F.2d 107 (5th Cir. 1990), 89-2364, Matter of Rubarts

    ... property, which First Texas itself held, and used most of the remainder of the loan proceeds to pay ...estoppel theory, contending that the Rubartses' absolute ...Eylar in return for consideration recited as $500. . . In fact, however, the ... his mother, Ann Eylar, in return for promissory notes totaling $500. It was against Ann whom J.F. ...That note eventually was substituted for another in the amount of $1,600 and a deed of ...

  • 153 F.3d 1122 (10th Cir. 1998), 97-1418, Associations Working for Aurora's Residential Environment v. Colorado Dept. of Transp.

    ... to ensure that appropriate consideration is given to the environmental impacts of those ... so long as the agency does not substitute the contractor's judgment for its own), overruled ... perform all management activities and only used the Contractor's personnel for technical ... a theory of detrimental reliance or promissory estoppel." Appellant's Br. at 20. 7 We disagree ...

  • 242 F.3d 24 (1st Cir. 2001), 00-1489, Fisher v. Trainor

    ... manage the testing of a human blood substitute being developed by Biopure; by oral agreement, ... $1.25 million to Biopure as partial consideration for the equity share granted under the contract. ... $3.05 million Trainor stole from it and used in the Biopure venture. .         In ... Biopure on appeal: first, he argues a promissory estoppel claim, alleging that Fisher relied on ...

  • 59 F.3d 942 (9th Cir. 1995), 92-55224, In re Lindsay

    ... with Texas law, and remanded for consideration "as to whether Beneficial's imputed knowledge of ...Mr. Lindsay's address was used for all the debtors, and he had moved. The ... of the beneficiary's lawyer, to substitute for notice in the records of the beneficiary. See ... of contract, (3) breach of contract--promissory estoppel, (4) fraud and deceit, and (5) negligent ...

  • False statements and false claims.

    ..., (108) entrapment, (109) collateral estoppel, (110) good faith reliance on expert advice, ...(133) Over the years, the FCA was used periodically to protect government funds and ... can seek prosecution for the lie as a substitute for the crime she cannot prove." (internal ... requires a court to give respectful consideration to the Guidelines, see Gall v. United States, 128 ... (either express or implied); and (2) promissory fraud"); Mikes v. Straus, 274 F.3d 687, 700 (2d ...

  • 860 F.2d 1275 (5th Cir. 1988), 87-5569, Gibraltar Sav. v. LDBrinkman Corp.

    ...used exclusively to repay BDI's BancTexas debt, with ... not evidenced for the most part by promissory notes or other documentation. BI in general, and ..., gave no money, notes, or other consideration for the stock. In his attempts to "salvage ... loan, we express no legal opinion as to estoppel or as to whether the failure to seek a guaranty ...Simply submitting its own substitute form of special interrogatories does not . . ...

  • Contracts

    ... party makes constitutes sufficient consideration (see discussion below) for the promise made by ...If the acceptance mode used by the offeree is implicitly authorized by the ... to receive the acceptance at the substituted address. An offeror who specifically states that ... is not enforceable unless there is PROMISSORY ESTOPPEL . Promissory estoppel is a doctrine by ...

  • 447 F.3d 1115 (8th Cir. 2006), 05-2122, Margolies v. McCleary, Inc.

    ... its own Pajeda's brand snacks, it substituted Guy's brand products in much of the shelf space. ... were estimates generated through consideration of Guy's past performance and potential for ...This is not such a case. MAI 26.06 is to be used where the terms of a contract are at issue. Rice ... . was appropriate on employee's promissory estoppel claim where the employee's evidence did ...

  • 439 F.2d 1260 (8th Cir. 1971), 20198, Ted Spangenberg Co. v. Peoples Natural Gas, Division of Northern Natural Gas Co.

    ... of the two Arkla chiller units to be used in the gas air conditioning system from the ... Peoples and Sullivan: an agreement, a promissory note, a security agreement and a gas sales ... rules of res judicata and collateral estoppel. Although the judgment of February 23, 1968 in ... . reviewing court cannot substitute its judgment for firsthand evaluation. Cataphote .... NOW, THEREFORE, in consideration of the premises and the mutual covenants and ...

  • Hie Holdings, Inc. v. Commissioner of Internal Revenue, 060809 FEDTAX, 5045-05

    ...45 . H. Various Names Used by HIE To Conduct Its Business During the Subject ...52 . E. Promissory Notes ................ 54 . F. Lack of ... Michael Boulware's personal check as a substitute for a promissory note; if Michael Boulware lost ..., alternatively, without adequate consideration. The counterclaimants alleged in the counterclaim ...1989) (noting that collateral estoppel may not apply to a party who lacked an incentive ...

  • Financial institutions fraud.

    ..., transfer, and exchange of currency can be used to uncover illegal concealment and thus improve ... requires a court to give respectful consideration to the Guidelines, see Gall v. United States, ..., 457-59 (1942) (holding that maker of promissory note who entered into secret side agreement with ...] 1823(e), intended to forbid rule of estoppel from being applied when FDIC sues as receiver of ... to be similar to, related to, or a substitute for any activity described above; and any other ...

  • Separate Parts In This Issue Part II Labor Department, Employment and Training Administration,

    ...The approved labor certification is also used to establish the priority date for which an ... years informally allowed employers to substitute an alien named on a pending or approved labor ... and comment on February 13, 2006, consideration of comments received and development of this ...Estoppel, they said, warrants that a person who has ... permanent residence created claims for promissory estoppel and breach of fiduciary duty by the ...

  • Part II

    ...The approved labor certification is also used to establish the priority date for which an ... years informally allowed employers to substitute an alien named on a pending or approved labor ... and comment on February 13, 2006, consideration of comments received and development of this ...Estoppel, they said, warrants that a person who has ... permanent residence created claims for promissory estoppel and breach of fiduciary duty by the ...

  • 803 F.2d 1341 (5th Cir. 1986), 85-2412, Montelongo v. Meese

    ... "any money or other valuable consideration paid or promised to be paid to a person for ... merely an enforceable promise under a promissory estoppel theory: the recruitment system may be ... violations; we in no way attempt to substitute our judgment for that of the trial court. C. ... 1 The standards used by this court to test FLCRA awards, a comparison ...

  • 65 F. 341 (6th Cir. 1894), 147, Thomson-Houston Elec. Co. v. Capitol Elec. Co.

    ...Fifty thousand dollars of the bonds were used to buy additional property required in the ... 26, 1890, were distributed without consideration among the stockholders, in proportion to their ... be a case for applying the doctrine of estoppel against Morrow. In this view, there is a real ... of bonds, the collateral had been promissory notes of the defendant company, duly indorsed to ...Substitute for the bonds a collateral negotiable note duly ...

  • 12 F.3d 1485 (9th Cir. 1993), 91-15511, Murphy v. F.D.I.C.

    ... to Murphy of $5,000 in cash and PNB's promissory note for the remaining $395,000. The note, in ... banks to undertake thorough consideration of unusual loan transactions and to prevent ..., Duhme doctrine is a rule of equitable estoppel and, therefore, applies to any defense a borrower ...D'Oench, Duhme was never intended to be used as a shield against a holder of a letter of ..., is an extraneous fact that cannot substitute for Sec. 1823(e)'s express threshold ...

  • Against notice skepticism in privacy (and elsewhere).

    ... information the company collects, how it is used, with whom it is shared, and how it is secured. ... can be--and has been--used as a substitute for verbal or symbolic warning. Regulators in the ... website design or other, aesthetic considerations to a company. . The First Amendment generally ... Woodrow Hartzog, Promises and Privacy: Promissory Estoppel and Confidential Disclosure in Online ...

  • 483 F.3d 990 (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 ...

  • The promissory basis of Section 90.

    ... in the absence of bargained-for consideration.(6) By giving its imprimatur to those cases, the ... promise and actions based on equitable estoppel or deceit.(72) For breach of promise, the ... donative promises, Section 90 now is often used to enforce commercial promises.(133) Commentators ..., the formality of a promise could not substitute for reliance. On the contrary, formality matters ...

  • False statements and false claims.

    ..., (108) entrapment, (109) collateral estoppel, (110) good faith reliance on expert advice, ...(133) Over the years, the FCA was used periodically to protect government funds and ... can seek prosecution for the lie as a substitute for the crime she cannot prove.") (internal ... requires a court to give respectful consideration to the Guidelines, see Gall v. United States, 128 ... (either express or implied); and (2) promissory fraud"); Mikes v. Straus, 274 F.3d 687, 700 (2d ...

  • 945 F.2d 853 (5th Cir. 1991), 90-1709, Federal Deposit Ins. Corp. v. Claycomb

    ... from Vernon, FSA, then duly appointed substitute trustee under the First Lien Deed of Trust posted ... of offset, to wit: failure of consideration, usury, breach of contract, fraud, ion and promissory estoppel. On June 29, 1989, the district court ... 3 The loan proceeds were used to purchase an existing apartment complex in ...

  • 726 F.2d 839 (D.C. Cir. 1984), 83-1079, Belland v. Pension Ben. Guar. Corp.

    ... with appellants' representatives to substitute for the Brown Pension Plan either a new or an ... entirely the plain meaning of the words used by Congress." Symons v. Chrysler Corp. Loan ... the window period "was based on a consideration of the relevant factors and whether there has ... to present a sufficient claim for promissory estoppel or unjust enrichment to withstand ...

  • Just the facts: the case for workplace transparency.

    ... an overused regulatory tool--an easy substitute for substantive regulation when the latter is ...But cutting across all of these considerations is the fact that information asymmetries confer a ..., that information is easier to find than it used to be. Google informs us, for example, that FHI's ... potentially unsettling disclaimers of promissory intent. (158) An added requirement that any such ... trigger contract or promissory estoppel claims on behalf of employees who claim to have ...