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DYNALECTRIC v. CLARK & SULLIVAN CONSTRUCT. INC.

No. 51758.

255 P.3d 286 (2011)

DYNALECTRIC COMPANY OF NEVADA, INC., a Nevada Corporation, Appellant, v. CLARK & SULLIVAN CONSTRUCTORS, INC., Respondent.

Supreme Court of Nevada.

July 14, 2011.

Attorney(s) appearing for the Case

Morris Peterson , and Akke Levin , and Steve Morris , Las Vegas; Holland & Hart, LLP, and Philip Dabney , and Lars Evensen , Las Vegas, for Appellant.

McDonald Carano Wilson LLP and William A.S. Magrath, II , and Craig A. Newby , Las Vegas, for Respondent.

Before DOUGLAS, C.J., CHERRY, SAITTA, GIBBONS, HARDESTY and PARRAGUIRRE, JJ.

OPINION

PER CURIAM:

In this appeal, we address the measure of damages applicable to promissory estoppel claims. We adopt a flexible approach as suggested in the Restatement (Second) of Contracts and apply the same factors that bear on promissory estoppel relief to the remedy afforded by the breach. The determination of the appropriate measure of damages in any given case turns on considerations of what justice requires and the foreseeability and certainty...

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