Despite the potential influx in litigation against cruise lines for the medical negligence of its on-board staff, plaintiffs still must establish sufficient facts to prove either an actual agency relationship or
detrimental reliance on a reasonable belief of an agency relationship.
Her Honour held that the estoppel claim failed on the basis that the services provided were not done in reliance on the representations made by the deceased, or alternatively, if they were she was not satisfied that they had suffered financial or other
detrimental reliance of such a nature to make it unconscionable for the deceased later to have resiled form the assurances he made to them.
Instead, prejudice, or
detrimental reliance, is an element of an entirely different doctrine-estoppel, which looks to the effect on the opposing party regardless of the intent of the waiving party.
In addition to their fraud and breach of fiduciary duty claims, the plaintiffs also assert claims against Guidry for
detrimental reliance and payment of a thing not owed.
For example, an idea such as
detrimental reliance, introduced into the Civil Code for the first time in 1984, can scarcely survive outside the courts; a plea of
detrimental reliance is a trial lawyer's tactic for salvaging some value from a contract suffering from a possibly fatal flaw.
Conventional estoppel does not destroy the need to have privity in order to make a contract; it merely states that the existence of a contract will not be a bar to proving that the promisor has committed a civil wrong vis-a-vis the third party through invocation of a shared convention and
detrimental reliance. (128) The famous case of Glanzer v.
Regent/Eugene LLC, and BPM Senior Living Co.: Plaintiff alleges negligence,
detrimental reliance. Suit seeks $21,371.
DAWSON, GIFTS AND PROMISES: CONTINENTAL AND AMERICAN LAW COMPARED 88-90, 188-91 (1980) (discussing the failure of either French or German courts to attach independent significance to
detrimental reliance as a basis for promissory enforcement).
(35) Accordingly, he contended, there is no
detrimental reliance that counsels against its overturn.
Before any
detrimental reliance, the reader is urged to obtain consultation, advice, and opinions from licensed professionals.
The court also went on to note that the taxpayer did not rely upon the waiver to establish any
detrimental reliance because the director issued an order to return the money within weeks of its disbursement.
