What damages can you get for promissory estoppel?
Asked by: Ms. Joyce Balistreri | Last update: March 19, 2026Score: 5/5 (30 votes)
For promissory estoppel, you can get reliance damages (to cover losses from acting on the promise, like moving costs, putting you back where you started) or, less commonly, expectation damages (to give you the benefit of the promise, as if it were fulfilled), depending on the clarity of the promise and what avoids injustice. Courts aim to prevent unfairness, so remedies include reimbursement for out-of-pocket expenses and other foreseeable harm, but typically exclude attorney fees or emotional distress damages unless a separate tort exists.
What are the damages for promissory estoppel?
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.
Can I sue for promissory estoppel?
A plaintiff bringing a breach of contract claim may plead promissory estoppel in the alternative, along with other equitable claims. Court Opinions. That way, if the court finds no valid contract existed, a plaintiff can still recover under promissory estoppel if the required elements are met.
What are the four types of damages available for breach of contract?
Four Types of Damages Available in a Breach of Contract
- Compensatory damages. Compensatory damages aim to restore the party who did NOT breach the contract back to the position they would have been in if the other party had held up their end of the deal as promised.
- Punitive damages. ...
- Nominal damages. ...
- Liquidated damages.
What are the remedies for promissory estoppel?
The remedy for promissory estoppel is whatever is necessary to prevent the detriment to the offeree. If it is possible for the parties to resume their positions before the offeree acted in reliance on the offeror's promise, then they may be able to resume that position.
What is Promissory Estoppel? [No. 86]
What are the 5 elements of promissory estoppel?
In analyzing the application of section 90, the Washington courts have established five requirements for recovery in promissory estoppel: “(1) a promise which (2) the promisor should reasonably expect to cause the promisee to change position and (3) which does cause the promisee to change position (4) justifiably ...
What are the 4 types of contract breaches?
The four main types of contract breaches are Minor (or Partial), Material, Anticipatory (or Repudiation), and Fundamental, each differing in severity, from trivial violations to complete failure to perform, affecting the non-breaching party's obligations and available remedies like damages or contract termination.
What are the six types of damages?
There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.
What damages are covered under Section 73?
Section 73 of the ICA provides as follows: When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has committed breach, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the ...
What are the five types of damages?
There are five important types of damages that might be available, depending on your situation: compensatory damages, specific performance, an injunction, liquidated damages, or rescission. If you are dealing with a potential breach of contract, you probably need legal advice on what you should do next.
What must you prove in a successful promissory estoppel case?
The elements of promissory estoppel include a clear promise, reasonable reliance, and resulting injustice if the promise is not enforced. Legal requirements for promissory estoppel vary by jurisdiction but generally involve the promisor making an assurance that leads to substantial reliance.
What is the Supreme court Judgement on estoppel?
In Gopal Prasad Sinha v. State of Bihar18, the Supreme Court of India clarified the foundational principle of issue estoppel. The Court held that for issue estoppel to apply, the same issue of fact and law must have been conclusively determined in a prior litigation.
What are the three requirements for promissory estoppel?
Promissory Estoppel
- The promisor should reasonably expect to induce action or forbearance from the promisee;
- Such action or forbearance is in fact induced; and.
- Injustice can be avoided only by enforcement of the promise.[
Can you sue for breach of contract and promissory estoppel?
If one has a breach of contract claim, then you cannot typically file an accompanying promissory estoppel claim. Specifically, promissory estoppel is not available when an unambiguous contract exists that covers the issue for which damages are sought.
What are the limitations of promissory estoppel?
Promissory estoppel operates as a shield, not a sword. This means the doctrine can only be used as a defence, not as the basis for bringing an independent claim. In other words, it does not create new causes of action, it only prevents a party from enforcing their rights when it would be unfair to do so.
What are the three equitable remedies?
There are three types of equitable remedies: specific performance, injunction, and restitution.
Which damages are not recoverable?
Direct damages are the easiest to foresee. For this reason, special damages are not usually recoverable. Special damages are meant to compensate the innocent party for injury or loss that is indirectly related to the breach.
What damages can be claimed?
3 Types of Damages That Can Be Awarded in Personal Injury Claims. Personal injury claims have three primary types of damages: economic, non-economic, and punitive. These are also referred to as special and general damages, which describe losses that are either tangible or intangible.
What are the grounds for liability to pay damages?
Article 1170. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages. Article 1171. Responsibility arising from fraud is demandable in all obligations.
What are the most frequently awarded legal damages?
Compensatory damages are the most common form of damages awarded in civil cases. They are awarded to cover the losses the injured party suffered due to the defendant's actions, essentially making the injured party “whole” again. These damages can be economic or non-economic.
How to prove damages in court?
To sum up, to prove damages in a personal injury case, we have to prove with a reasonable degree of certainty that the defendant(s)' actions caused our client's injuries. Circumstantial evidence is sometimes enough to demonstrate this causation, but the evidence has to be persuasive to a jury.
What are the four main types of damages?
The four main types of legal damages awarded in lawsuits are Compensatory (to cover actual losses), Punitive (to punish wrongdoing), Nominal (symbolic, for a proven wrong with minimal loss), and Liquidated (pre-agreed amounts in contracts). These aim to restore the injured party, punish the wrongdoer, acknowledge a violation, or enforce contract terms, covering both tangible (economic) and intangible (non-economic) harms.
What are the 4 C's of contracts?
The document discusses the four key attributes of solid contracts: clarity, certainty, consensus, and consciousness. Clarity means clearly defining the details of the agreement.
What are the two types of damages generally available for breach of contract?
Expectation Damages: Cover direct financial losses and lost profits. Consequential Damages: Cover losses that were foreseeable at the time the contract was made, such as lost business opportunities due to the breach.
What do you need to prove for a breach of contract?
Proving a breach of contract typically involves demonstrating three key elements: the existence of a contract, that the contract was breached, and that a loss was suffered as a direct consequence of the breach. Proving that a legally binding contract existed is the first step in any breach of contract claim.