law-detrimental reliance | deliberate, negligent misrepresentation | fraud | fraudulent inducement |
equitable estoppel |
DETRIMENTAL RELIANCE CASE LAW
Elements of Equitable Estoppel
The doctrine of equitable estoppel requires (1) a false representation or concealment of
material facts, (2) made with knowledge, actual or constructive, of those facts, (3) with the
intention that it should be acted on, (4) to a party without knowledge or means of obtaining
knowledge of the facts, and (5) who detrimentally relied on the representations. Johnson &
Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 515-16 (Tex. 1998).
The common element of all of Wood's causes of action is reliance. TCC moved for summary judgment,
asserting that there was no evidence of reliance. Neither in the trial court below nor in her briefing to this
Court has Wood shown how she relied on any of TCC's alleged misrepresentations that she did not have to
take and pass the CSCE as a requirement for graduation. Dr. Conklin's purported statement to her, before
she took the CSCE, simply noted that students who had failed the CSCE did eventually graduate. Also, the
fact that TCC had approved her application for graduation does not show that Wood did not have to take and
pass the CSCE as a requirement for graduation. Moreover, the clinic director's certification that Wood satisfied
the internship requirements and the transcript do not show that the CSCE was not a requirement for
graduation.
Accordingly, we hold that the trial court did not err in granting TCC's no-evidence summary judgment motion
because Wood did not show how she relied on any alleged misrepresentation by TCC.
Wood v. Texas Chiropractic College (Tex.App.- Houston [1st Dist.] July 24, 2008) (Jennings)
(suit by student against private educational institution, DTPA, misrepresentation, no reliance shown, NE-SJ,
suit against universities and/or college)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Taft and Jennings, The Honorable Hudson
01-07-00952-CV Kelly Wood v. Texas Chiropractic College
Appeal from 190th District Court of Harris County
Trial Court Judge: Hon. Jennifer Walker Elrod
To prevail on their fraud claim, the Cheas must prove, among other things, damages resulting from their
alleged reliance upon a misrepresentation by one or more of the Poon Parties. See Baylor Univ. v.
Sonnichsen, 221 S.W.3d 632, 636 (Tex. 2007) (stating that damages for common-law fraud are either direct
damages, which compensate for the loss that is the necessary and usual result of the defendant’s wrongful
act, or consequential damages, which result naturally from the defendant’s wrongful act).
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