Estoppel

Question 1

EQUITABLE ESTOPPEL

Answer 1

• Based on statement of fact
• Estop someone from doing something (i.e. from saying fact in court)
• Not a cause of action – use in court

Question 2

1. A promise

2. Which promisor should reasonably expect to induce action or forbearance on part of promisee or
3rd person (Objective)

3. And which does induce such action or forbearance (Objective- action taken? Subjective – why did
   do action?)
4. Is binding if injustice can be avoided only by enforcement of promise

Answer 2

RS 90 Promissory Estoppel

Question 3

Baseline Damages

Answer 3

Baseline damages for promissory estoppel are reliance damages

• Opportunity Cost
• Out of Pocket Cost

Question 4

Can use expectation damages when hard to calculate reliance damages

Answer 4

Goldstick

Question 5

Expectation damages used as cap to prevent extraordinary lucrative things, passed up, not what was
worth

Answer 5

Marathon Oil

Question 6

Promissory estoppel is equitable – court has discretion – use equitable power to award expectation
damages

Answer 6

Marathon Oil