These statements involve risks and uncertainties that may cause Ballard's actual results to be materially different, including general economic and regulatory changes, detrimental reliance
on third parties, successfully achieving our business plans and achieving and sustaining profitability.
This directly contravenes basic contract law, which establishes that waiver depends on the intent of the waiving party rather than on whether there is detrimental reliance
by the opposing party.
XYZ), Guidry's hypothetical errors and omissions insurer, claiming damages for breach of fiduciary duty, fraud, negligence, detrimental reliance
, payment of a thing not owed, and violation of the Louisiana Unfair Trade Practices Act (LUTPA).
PS Products is suing JM-Ark for fraud, breach of contract, misrepresentation and detrimental reliance
element of the event centres around the detrimental reliance
On the other hand, courts have also been prepared to enforce modified promises not only on the ground that there is actually consideration in the modified promise because the promisor has promised to do substantially more in the modified promise (4) but also on the alternative grounds that there may be consideration in a forbearance to sue to enforce the original promise once the promisor has asked for a modification on the threat of potential breach of contract; or in detrimental reliance
by the promisee who has accepted the modified contract at the insistence of the promisor; (5) or in a mutual agreement to rescind the original contract and replace it with a new contract containing the modified promise.
INSIDE CIRCUITS 56 6TH CIRCUIT Court Debates Disability in Drug Case 58 1ST CIRCUIT Creators of Bogus Diet Supplement Ads Lose Appeal 60 2ND CIRCUIT Executives Can't Negotiate Away SOX Clawbacks 62 CIRCUIT ROUNDUP 3rd Circuit Court Clarifies Detrimental Reliance
5th Circuit Injured Worker's Suit Switches States 9th Circuit Shareholders Lose Oracle Case 10th Circuit Panel Attacks Campaign Contribution Limits
Hofer expresses concern that the "statistical discrimination" terminology has disadvantages, primarily in that it lumps together beneficial and detrimental reliance
on prior data.
Among other things, it said that promissory estoppel need not undermine preliminary contract negotiations because damages in a case in which terms had not been sufficient to constitute a contract might appropriately be limited to restoring a plaintiff to the position he was in before his detrimental reliance
on the promise.
Finding no written evidence of these statements or detrimental reliance
on the statements by Pediatric, the court held the doctrine to be inapplicable.
Conventional estoppel does not destroy the need to have privity in order to make a contract; it merely states that the existence of a contract will not be a bar to proving that the promisor has committed a civil wrong vis-a-vis the third party through invocation of a shared convention and detrimental reliance
Plaintiff alleges negligence, detrimental reliance