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- Chapter 9 Miscellaneous Business Causes of Action — Business Causes of Action Expressly not Recognized in Texas
Chapter 9-5 Detrimental Reliance as Independent Tort Claim
Jurisdiction | United States |
9-5 Detrimental Reliance as Independent Tort Claim
9-5:1 Overview
Detrimental reliance occurs when a person reasonably relies upon another's representation to that person's detriment.26 However, detrimental reliance is merely an element of another tort or contract cause of action, rather than an independent tort.27At its most extreme, one person's detrimental reliance upon another is treated as a Promissory Estoppel, effectively creating a contract where no express contract actually existed.28
9-5:1.1 Related Causes of Action
Promissory Estoppel, Fraud: Common Law Fraud, Fraud: Fraud by Non-disclosure, Fraud: Statutory Fraud, Oil and Gas Litigation: Fraud
MUST READ CASES
Garner v. Corpus Christi Nat'l Bank, 944 S.W.2d 469 (Tex. App.—Corpus Christi 1997, writ denied), holding modified by Allied Capital Corp. v. Cravens, 67 S.W.3d 486 (Tex. App.—Corpus Christi 2002, no pet.)
University of Tex. Sys. v. Courtney, 946 S.W.2d 464 (Tex. App.—Fort Worth 1997, writ denied)
9-5:2 Expressly Rejected in Texas
The Supreme Court of Texas has not expressly rejected detrimental reliance as an independent tort, but several courts of appeals have.29 Despite these courts' holdings, it appears that similar facts would support the contract-based cause of action for Promissory Estoppel.30
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Notes:
[26] English v. Fischer, 660 S.W.2d 521, 524 (Tex. 1983); Wheeler v. White, 398 S.W.2d 93, 96 (Tex. 1965); Adams v. Petrade Int'l, Inc., 754 S.W.2d 696, 708 (Tex. App.—Houston [1st Dist.] 1988, writ denied) (case discussing reasonable reliance).
[27] Garner v. Corpus Christi Nat'l Bank, 944 S.W.2d 469, 480 (Tex. App.—Corpus Christi 1997, writ denied), holding modified by Allied Capital Corp. v. Cravens, 67 S.W.3d 486 (Tex. App.—Corpus Christi 2002, no pet.).
[28] Roberts v. GeosourceDrilling Servs., Inc., 757 S.W.2d 48, 50 (Tex. App.—Houston [1st Dist.] 1988, no writ).
[29] Garner v. Corpus Christi Nat'l Bank, 944 S.W.2d 469, 480 (Tex. App.—Corpus Christi 1997, writ denied), holding modified by Allied Capital Corp. v. Cravens, 67 S.W.3d 486 (Tex. App.— Corpus Christi 2002, no pet.); University of Tex. Sys. v. Courtney, 946 S.W.2d 464, 468 (Tex. App.—Fort Worth 1997, no pet.).
[30] See English v. Fischer, 660 S.W.2d 521, 524 (Tex. 1983); See also, Ford v. City State Bank of Palacios, 44 S.W.3d 121, 138 (Tex. App.—-Corpus Christi 2001); Chapter 4: Promissory Estoppel.
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- Chapter 9 Miscellaneous Business Causes of Action — Business Causes of Action Expressly not Recognized in Texas
- Chapter 9-1 Action Against Opposing Attorney
- Chapter 9-2 Confession of Judgment in Pre-Suit Instrument
- Chapter 9-3 Conspiracy to Breach Contract
- Chapter 9-4 Conversion of Real Property
- Chapter 9-5 Detrimental Reliance as Independent Tort Claim
- Chapter 9-6 Embracery (Jury Tampering)
- Chapter 9-7 Common Law Shareholder Oppression
- Chapter 9-8 Grossly Negligent Inducement of Contract
- Chapter 9-9 Invasion of Privacy (False Light)
- Chapter 9-10 Negligent Defense of Insured by Insurer
- Chapter 9-11 Negligent Infliction of Emotional Distress
- Chapter 9-12 Negligent Investigation of Employee Misconduct
- Chapter 9-13 Liability of Successor for Tortious Conduct of Predecessor
- Chapter 9-14 Wrongful Expulsion of Whistleblowing Partner
- Chapter 9-15 Perjury
- Chapter 9-16 Prima Facie Tort
- Chapter 9-17 Retaliatory Discharge for Perception of Participation in Protected Activity
- Chapter 9-18 Retaliatory Discharge for Protected Act of Third Party
- Chapter 9-19 Spoliation of Evidence
- Chapter 9-20 Tortious Interference with Fiduciary Duty
- Chapter 9-21 Breach of Implied Warranty of Professional Services
- Chapter 9-22 Whistleblower Action: Protection of Private Sector Employee
- Chapter 9-23 Oil and Gas Litigation—Implied Covenant to Further Explore
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