Reliance On Oral Promises: Statues Of Frauds And "Promissory Estoppel"

Date

2009

Journal Title

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Volume Title

Publisher

Texas Tech Law Review

Abstract

This Article shows that the differences can be traced to different uses and misuses of the term promissory estoppel. Notes that the question of whether the term promissory estoppel should be used to describe § 90 liability based on reliance has long been moot: judges and law professors have been referring § 90 as promissory estoppel for more than seventy-five years.

Description

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Rights Availability

Keywords

Promissory estoppel, Restatement of contracts concept of promissory estoppel, Restatement § 90, Performance exception, Oral promises, Estoppel to plead the statute of frauds, Restatement Second § 139, Promise within the Statute of Frauds, McIntosh v. Murphy

Citation

David G. Epstein, Ryan D. Starbird, and Joshua C. Vincent, Reliance On Oral Promises: Statues Of Frauds And "Promissory Estoppel", 42 Tex. Tech L. Rev. 913 (2009-2010)