Students fall in love with promissory estoppel during their first year, just as they do with unilateral contracts. I try to nip it in the bud. Promissory estoppel is rarely going to work in a commercial context, I tell them. You are going to put it in your complaint as a cause of action if it is at all colorable, but if you are going to win your case, you are far more likely to do so based on breach of contract. And then, along comes a headline-making case where promissory estoppel makes perfect sense. In this case promissory estoppel might provide an affirmative defense to a breach-of-patent claim … (more)
[Jeremy Telman, ContractsProf Blog, 29 August 2022]
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