Del. P.J.I. Civ. § 19.24

ESTOPPEL

When the conduct of a party to a contract intentionally or unintentionally leads

another party to the contract, in reasonable reliance on that conduct, to change its

position to its detriment, then the original party cannot enforce a contractual right

contrary to the second party’s changed position. This is known in the law as

estoppel. Reasonable reliance means that the party that changed its position must

have lacked the means of knowing the truth about the facts leading to the change.

In this case, [plaintiff’s name] must prove:

(1) that there was a contractual relationship between [plaintiff’s name] and

[defendant’s name];

(2) that [plaintiff’s name] changed [his/her/its] position to [his/her/its]

detriment because of [defendant’s name]’s conduct; and

(3) that [plaintiff’s name] reasonably relied on the conduct of [defendant’s

name].

You must determine whether [plaintiff’s name] has proved all of the above

elements by clear and convincing evidence.