6th Circuit considers court split on promissory estoppel claim

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted May 23, 2023 11:12 AM

In a case based on promissory estoppel under Sec. 90(1) of the Restatement (Second) of Contracts, the 6th U.S. Circuit Court of Appeals had to predict whether the Kentucky Supreme Court would adopt the Michigan or the Wisconsin approach on “how clear a ‘promise’ must be to support a promissory estoppel claim.”Section 90(1) says: “A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if …

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