Katz v. Danny Dare, Inc.

Katz v. Danny Dare, Inc. - he was now able to work full...

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Contracts 10/8 Promissory Estoppel Katz v. Danny Dare, Inc., Missouri Court of Appeals, 1980 Facts : Katz filed 3 suits seeking pension payments for 3 separate time periods. Katz contends that the promise of pension payments is enforceable under promissory estoppel. Katz worked for Dare from 1950-1975. Dare’s president was Harry Shopmaker. Katz was opening a store and placed a bag of $ on the counter. A thief ran off with it. Katz gave chase and suffered a head injury which significantly impaired his abilities. After making many mistakes, Shopmaker decided to offer Katz a pension to retire. At first, Katz didn’t want to retire. Shopmaker tried to persuade him by saying he could actually have more income if he retired. $13,000/year pension + social security + part time work. Katz then agreed in 1975. In 1978, Shopmaker cut off the checks saying that because Katz’s health had improved,
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Unformatted text preview: he was now able to work full time. Katz said he couldnt work full time at age 70. Procedure : trial court found for Dare on all 3 suits. Trial court said Katz did not give up anything to which he was legally entitled when he elected to retire. He didnt suffer any detriment or significant change of position when he elected to retire because he wouldve been fired otherwise. There was no injustice because he received $40,000 and paid vacation. Issue : whether Dare is promissorily estopped from quiting pension payments to Katz. Holding : reversed and remanded. Rule : three requirements of promissory estoppel: (1) promise, (2) detrimental reliance on such promise; (3) injustice can be avoided only by enforcement of the promise. Promissory estoppel does not require that an individual give up something to which he is legally entitled. Class Notes :...
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This note was uploaded on 04/10/2011 for the course LAW 501 taught by Professor Roy during the Fall '08 term at Ole Miss.

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