Holt v Home Depot Brief

Holt v Home Depot Brief - procedure. Holt suffered economic...

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Holt v. Home Depot, U.S.A, Inc. Issue Can Holt recover with promissory estoppel from Home Depot? Rule Offer - 1)Present intent to offer 2) Definiteness of terms and 3)Communicated to offeror Acceptance - 1)Present intent to accept 2)Same terms (mirror image rule or UCC 2-207) 3)Communicated to offeree Consideration 1)Legal value (money or to do/no do something legally able/not able) 2)Bargained for (Both ways) Promissory Estoppel - (stops you from breaking promise) 1)promisor intended to induce reliance 2)promissee relied 3)economic detriment (financial disadvantage) Application Holt argues that Home Depot intended Holt and all employees to rely on the open door policy by placing an implicit promise that no employee would be penalized for using the open-door procedure in the employee handbook. Holt relied on the employee handbook to make a complaint about his current supervisor Gray to the higher manager on July 3 following the
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Unformatted text preview: procedure. Holt suffered economic detrainment when on July 9, two senior Home Depot managers terminated Holt's employment, his loss of employment is cause for economic detriment. Home Depot argues that they made to definite promise to Holt that he could reasonable rely, because of disclaimers of contractual intent contain in Holts handbook and employment application. Home depot also argues that even if there was a promise, Holt did not rely because there is no evidence he used the open-door procedure to complain about Gray. Home Depot argues that Holt's employment was terminated because of his incompetence, insubordination and violating an ethics policy not for his complaint about Gray. Conclusion Yes Holt may recover with promissory estoppel because all of the elements were met....
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