pjc-oil-and-gas-2022-lib

PJC 313.23

D AMAGES

PJC 313.23 Question on Promissory Estoppel—Reliance Damages [Insert predicate, PJC 313.1.] QUESTION ______ What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Paul Payne for his damages, if any, that resulted from his reliance on Don Davis ’s promise? Consider the following elements of damages, if any, and none other. [Insert appropriate instructions . ] Do not add any amount for interest on damages, if any. Answer separately in dollars and cents for damages, if any. 1. [ Element A ] sustained in the past. Answer: _______________ 2. [ Element A ] that, in reasonable probability, will be sustained in the future. Answer: _______________ 3. [ Element B ] sustained in the past. Answer: _______________ 4. [ Element B ] that, in reasonable probability, will be sustained in the future. Answer: _______________ COMMENT When to use. PJC 313.23 and appropriate instructions tailored to the specific reli ance damages alleged by the plaintiff should be submitted following the liability ques tion for promissory estoppel. See PJC 305.23. Reliance damages only. In a claim based on promissory estoppel, the plaintiff is not entitled to recover expectancy damages or to receive the full benefit of the bargain. Only reliance damages are allowed. Fretz Construction Co. v. Southern National Bank , 626 S.W.2d 478, 483 (Tex. 1981).

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