Law Commons^™

Once More Into The Breach: Promissory Estoppel And Traditional Damage Doctrine, Theodore S. Sims

Faculty Scholarship

When, in the absence of traditional contract formalities, a promise is enforced because the promisee has acted in reliance upon it, both courts and commentators have disagreed over the proper measure of damages. Early in the debate, two positions could be discerned. Advocates of the one favored enforcing the promise according to its terms and awarding the promisee full contractual damages.This measure of recovery has come to be called the expectation interest and is an attempt to put the promisee in the same position as he would have been had the promise been fulfilled. Advocates of the other position would …