What is the difference concepts between fraudulent misrepresentation and promissory estoppell?

Answer 1

Promissory estoppel is enforcement of a promise even where there is no binding contract. What you must prove for promissory estoppel vairous from state ot state, but usually includes (1) A clear and unambiguous promise; (2) Reasonable reliance upon the promise; and (3) Detriment to the promisee, caused by his or her reliance on the promise, and (4) it would be inequitable, i.e., unfair, not to enforce the promise. Fraud requires the additional proof that the promisor never intended to perform when s/he made the promise.

Since fraud requires the same elements PLUS this adiditonal element, it would seem that a fraud claim to enforce a promise would never succeed if a promissory estoppel does not. However, you can use fraud to get damages for a misprepresented fact that is not a promise. A fact might mean a statement that certian facts exist. This type of fraud requires you to prove that a defendant made a false statement of fact, intending you to rely on it - or ought to have expected that you would rely on it - and you reasonably relied ot your detriment. (F