This form is a Complaint. Plaintiff brings an action against defendant for breach of contract and requests a monetary award, plus punitive damages.
Wyoming Complaint regarding Breach of Contract, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress
State:
Multi-State
Control #:
US-01598
Format:
Word;
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How to fill out Complaint Regarding Breach Of Contract, Implied Contract, Good Faith And Fair Dealing, Promissory Estoppel, Emotional Distress?
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FAQ
A Standard Clause providing model language that counsel can use in a complaint to plead a claim for promissory estoppel under California law. This Standard Clause has integrated notes with important explanations and drafting tips.
In a promissory estoppel case, the court in its discretion can award either detrimental reliance damages or expectation damages (including specific performance), whichever it determines better avoids injustice.
Promissory estoppel applies to enforce a contract without mutual consideration if: (1) The promisor should reasonably foresee that the promisee will rely on the promise; (2) The promisee does act in reliance on the promise; (3) The promisee would suffer substantial economic loss if the promise is not enforce; (4) ...
Promissory estoppel requires that there must have been (1) a promise, (2) on which the party seeking to recover relied to his or her detriment, (3) in a way the person making the promise expected or should have expected, and (4) the reliance resulted in an injustice which can be cured only by enforcement of the promise ...
The biggest difference between a promissory estoppel claim and a claim for breach of contract is that promissory estoppel does not require consideration. See Court Opinions. That is, the plaintiff/promisee did not have to do anything or promise something in exchange for the defendant's promise. See.
Requirements of a Promissory Estoppel Promisor made a significant promise to cause the promisee to act on it. ... Promisee relied on the promise. ... Promisee suffered significant damage by relying on the promise. ... Fulfillment of the promise is the only way the promisee can be compensated.
Promissory estoppel which will create a cause of action has two fundamental elements which must be proved by the plaintiff. First, there must be proof that there actually was a promise and, second, that the plaintiff relied upon that promise and took action to his detriment".
The burden of proof is on the plaintiff to satisfy each element of a promissory estoppel claim, typically by clear and convincing evidence or by a preponderance of the evidence.