Facts: The Delaware Harness Racing Commission (Commission) hired Donald Harmon to be the Presiding Judge of harness racing (charged with enforcing racetrack rules). After years on the job, Harmon was arrested for improperly changing a judging sheet to favor a horse. The Commission suspended him without pay pending the outcome of the criminal case.

John Wayne (yes, his name was John Wayne) was the executive officer of the Commission. During his suspension, Harmon asked Wayne if the Commission would reinstate him upon being acquitted. When Wayne asked the commissioners they looked at each other and then said “Yes.” The commissioners told Wayne he could relay that message to Harmon. Based on this promise, Harmon decided not to look for other jobs.

Immediately after his acquittal, Harmon asked for his job back. After some time, the Commission refused to reinstate him as promised. Harmon sued the Commission, claiming promissory estoppel. A trial court sided with Harmon and awarded him $102,273, representing the wages he would have earned if the Commission had kept its promise. But the Superior Court reversed the decision, so Harmon appealed to the Supreme Court of Delaware.

Questions:

1. Was the commissioners’ promise to Harmon enforceable?

2. What are the elements of promissory estoppel in this case?

3. How did Harmon reasonably rely on the Commission’s promise and take action to his detriment?

4. Who is the promise in this case?